The text
10-10A-1: - PURPOSE AND INTENT:#
The purpose of the C-1 neighborhood commercial zone, C-2 community commercial zone and C-3 regional commercial zone is to provide suitable areas for the location of the various types of commercial activity needed to serve the people and commerce of the city. It is also to separate into three (3) zones, uses based upon type of activity which are compatible and complementary, as well as intensity of land utilization and accessory use needs.
(Ord. 860, 9-2-2014)
10-10A-2: - SITE DEVELOPMENT STANDARDS:#
C-1 C-2 C-3
Minimum lot area None None None
Minimum lot width None None None
Minimum yard setbacks:
Front 20 feet 20 feet 20 feet
Side None, except 20 feet adjacent to a residential boundary
Side facing street on corner lot 20 feet 20 feet 20 feet
Rear None, except 20 feet adjacent to a residential
boundary 1 20 feet 1 20 feet 1
Building height:
Minimum 1 story 1 story 1 story
Maximum 2 1/2 stories or 35 feet None None
Maximum lot coverage Not over 45 percent of lot area by buildings or accessory buildings
1 Note—If it is determined by the fire department that a distance greater than 20 feet is necessary for separation or access to a building this setback may be increased in the C-1, C-2 and C-3.
(Ord. 860, 9-2-2014)
10-10A-3: - SPECIAL REGULATIONS:#
Hereinafter specified permitted and conditional uses shall be allowed only when the following conditions are complied with: A.
Manufacturing Within Enclosed Building: All manufacturing shall be done within a completely enclosed building.
B.
Odor, Noise: All uses shall be free from objection because of odor, dust, smoke or noise.
C.
Entertainment: In the C-1 neighborhood commercial zone, no entertainment, except recorded music, shall be permitted in cafes, cafeterias, ice cream parlors or restaurants.
D.
Uses Adjacent to a Residential Zone Boundary: All commercial uses which are located within fifty feet (50') of a residential zone boundary and which create noise, vibrations, odors or dust not commonly associated with a residential use shall be conducted completely within the confines of the business building or structure and shall not unreasonably disturb the adjacent residents. Normal deliveries and routine maintenance of building and grounds are exempted from the requirements of this subsection.
E.
Check Cashing, Payday Loan, Title Loan and Pawnshop Businesses: Check cashing, payday loan, title loan and pawnshop businesses are allowed as a conditional use only in the C-3 zone. The C-1, C-2 zones, planned commercial zones, manufacturing zones, planned manufacturing zones, retail/commercial overlay zone, mixed use zone, office park zone, low impact transition overlay zone and the landmark development zone are expressly prohibited from having these uses.
F.
Limit Based on Population: Payday loans/check cashing/consumer loans/title loans/pawnshops/gold buyers, no more than one of each for every four thousand (4,000) residents (payday loans, check cashing and consumer loans are classified as being the same). Retail jewelry stores that do manufacturing repair and buying metal and stones are exempt from this section.
G.
Retail Tobacco Specialty Businesses:
1.
Definition: A retail tobacco specialty business, commonly known as a smoke shop, is defined as a commercial establishment in which the sale of tobacco products accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment, where food and beverage products (excluding gasoline sales) is less than forty five percent (45%) of the total annual gross receipts for the establishment, and the establishment is not licensed as a pharmacy under Utah code.
2.
Licensing: No business license shall be issued or renewed for a person to conduct business as a retail tobacco specialty business until the person provides proof that the retail tobacco specialty business has (a) a valid permit for a retail tobacco specialty business issued under Utah Code Ann. § 26B-7-501 et seq. (Regulation of smoking, tobacco products, and Nicotine Products), by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located, and (b) for a retailer that sells a tobacco product, a valid license issued by the state tax commission in accordance with Utah Code Ann. §§ 59-14-201 and 59-14-301, to sell a tobacco product; and for a retailer that sells an electronic cigarette product or a nicotine product, a valid license issued by the state tax commission in accordance with Utah Code Ann. § 59-14803 to sell an electronic cigarette product or a nicotine product.
3.
Permitted Zone and Use: Retail tobacco specialty businesses shall be allowed only in the C-3 commercial zone and shall require approval as a conditional use, as provided in chapter 19 of this title.
4.
Location and Distance Restrictions: In accordance with Utah Code Ann. § 10-8-41.6, a retail tobacco specialty business may not be located within:
• One thousand feet (1,000') of a community location, which includes schools (public or private; trade), licensed daycare facilities or preschools, churches, public libraries, public playgrounds, public parks, youth centers or other spaces use primarily for youth oriented activities, and public recreational facilities;
• Six hundred feet (600') of another retail tobacco specialty business, or
• Six hundred feet (600') from property used or zoned for agricultural uses or residential use • Distances shall be measured in a straight line from the nearest entrance or exit of the retail tobacco specialty business to the nearest property line of the of the restricted use, without regard to intervening structures or zoning districts.
5.
Permitted Sales: Retail tobacco specialty businesses may sell only the following products:
• Tobacco products: Any cigar, cigarette, or electronic cigarette as defined in Utah Code Annotated 76-9-1101
• Tobacco-related paraphernalia: any equipment, product, or material of any kind which is used, intended to use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a cigar, cigarette, or tobacco in any form into the human body, as defined in Utah Code Ann. § 76-9-1101.
• Ancillary retail items such as pre-packaged candy, snacks, bottled beverages, and small gift items (e.g., t-shirts, keychains, ashtrays, or similar non-alcoholic merchandise).
6.
Prohibited Sales: The sale of the following items is strictly prohibited:
o Beer, wine, or any alcoholic beverages.
• Drug products or paraphernalia beyond the limited products or paraphernalia listed above.
7.
Density Limitation: No more than one (1) retail tobacco specialty business per nine thousand (9,000) residents shall be permitted within the city.
8.
Compliance with County, State and Federal Regulations: All retail tobacco specialty businesses must maintain compliance with all applicable county, state, and federal regulations regarding the sale and advertising of tobacco products.
H.
Violations; Penalty: Any principal or manager of firms or corporations who fails to reasonably train the agents or employees of said firms or corporations regarding the provisions of this chapter shall be in violation of this article and shall be guilty and subject to penalty as provided in section 10-1-15 of this title.
(Ord. 808, 6-19-2012; Ord. 850, 2-4-2014; Ord. No. 997, § 1, 9-2-2025)
10-10A-4: - USES:#
In the following list of possible uses, those designated in any zone as "P" will be a permitted use. Uses designated as "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 19 of this title. Uses designated "N" will not be allowed in that zone. C-1 C-2 C-3
Accessory buildings and uses customarily incidental to a permitted use C C P
Air conditioning, sales and service (no manufacturing of ducts) N C P
Ambulance:
Base station C C C
Substation C C C
Amusement enterprises including:
Bowling alley N C P
Dance hall N C C
Haunted house/spook alley N C C
Pool hall N C P
Privately owned park and playground, accessory to a commercial use C C C
Publicly owned park and playground P P P
Recreation center N C P
Roller/ice skating rink N C P
Theater:
Indoor N C P
Animal services including:
Dog or cat hotel/kennel N N C
Grooming for cats and dogs N C P
Hospital, small animals only, and provided conducted within completely enclosed building, including kennel N C P
Hospital/veterinary for large animals N C C
Pet and pet supply store, including kennel N C P
Antique, import or souvenir shop C C P
Athletic and sporting goods including:
Archery shop and range, provided conducted within completely enclosed building C C P
Bicycle sales and service C C P
Boat sales C C P
Gymnasium C C P
Handgun shooting range (indoor) N C C
Health club C C P
Motorboat sales and service N C C
Store, excluding sale or repair of motor vehicles, motorboats or motors N N P
Automobile including:
Convenience store, with car wash, no gas N C P
Gas island and convenience store, with car wash N C P
New or used sales and service N C C
Parts sales N C P
Rental auto N C C
Rental, U-haul type N C C
Repair including paint, body and fender, brake, muffler, upholstery or transmission work, provided conducted within N C C
completely enclosed building
Tire sales and service N C C
Bakery:
Manufacture limited to goods retailed on premises N C P
Manufacture of goods sent to other locations N C P
Bath and massage establishment N C C
Blueprinting or photostatting C C P
Building materials sales N C P
Bus terminal N C P
Candy:
Manufacture of goods shipped to other locations N C P
Store, confectionery C C P
Car wash:
Automatic/drive-through type N C P
Manual spray N C P
Carpet sales N C P
Church P P P
Church, temporary revival, no tents allowed C C C
Cleaning:
Dry cleaning establishment N C P
Laundromat P P P
Clinics:
Laboratory, dental or medical C C P
Medical or dental C C P
Optometrist, optician or oculist C C P
Physician or surgeon C C P
Data processing service and supplies N C P
Detective agency or security C C P
Dwelling, single-family, when attached to business structure and occupied by the business owner or a business employee: C C C
Hotel N C P
Motel N C P
Educational institution:
Nursery school and preschool C C P
Public or private college or university C C C
Public, private or charter school grades K-12 C C C
Trade, technical or industrial school C C C
Electrical and heating appliances and fixture sales and service N C P
Electronic equipment sales and service N C P
Employment agency N C P
Express and transfer parcel service (store) N C P
Financial institution:
Bank N C P
Credit union N C P
Payday loans/check cashing/consumer loans/title loans N N C
Food service:
Cafe or cafeteria C C P
Catering establishment C C P
Delicatessen C C P
Ice cream parlor C C P
Restaurant C C P
Restaurant, drive-in C C P
Glass sales and service, home and auto N C P
Gold buying store including all precious metals N N C
Government buildings or uses, nonindustrial C C P
Greenhouse and nursery, soil and lawn service N C P
Gunsmith N C P
Home improvement store N C P
Hospital: C C P
Hospital with heliport N C C
Household appliance sales and incidental service N C P
Household cleaning and repair N C P
Insurance agency C C P
Janitor service and supply N C P
Jewelry store including manufacturing, repair and buying metal and stones N C P
Library C C P
Linen supply service N C C
Liquor store, state store only N C C
Locksmith C C P
Lodge or social hall N C C
Machine shop operations incidental to any use permitted in C-3 N C C
district
Manufacture of goods retailed on premises N C C
Miniature golf N C C
Mortuary N C P
Motorcycle and motor scooters sales and service N C C
Museum C C P
Office in which goods or merchandise are not commercially created, exchanged or sold C C P
Office in which goods or merchandise may be commercially created, exchanged or sold N C C
Accountant C C P
Legal C C P
Medical/dental C C P
Office machines sales and service N C P
Office supply N C P
Professional C C P
Parking lot or garage for passenger automobiles C C C
Pawnshop N N C
Pest control and extermination N C P
Pharmacy C C P
Photo studio C C P
Post office C C P
Printing, lithographing, publishing or reproduction sales and N C P
service
Public utilities substation C C C
RV sales and service N C C
Radio, television or FM broadcasting station N C P
Real estate agency C C P
Reception center or wedding chapel N C P
Rental agency for home and garden equipment N C P
Retail goods establishments C C P
Retail service establishments C C P
Smoke shop N N C
Tattoo parlor N C C
Taxidermist C C P
Telemarketing N C P
Temporary building for uses incidental to construction work. Such buildings shall be removed upon the completion of the construction work P P P
Travel agency C C P
Utility substation or building C C C
Ventilating equipment sales and service, including heating and air conditioning N C P
(Ord. 803, 4-4-2012; amd. Ord. 850, 2-4-2014)
10-10A-5: - SITE PLAN APPROVAL REQUIRED:#
In considering any site plan as regulated by this title for permitted or conditional uses specified in this chapter, the planning commission shall endeavor to ensure, among other things, the safety and convenience of traffic movement both within the area covered and in relation to access streets, harmonious and beneficial relation among the buildings and uses in the area covered, and satisfactory and harmonious relation between such area and contiguous land and buildings and adjacent neighborhoods. In any commercial zone, the location of main and accessory buildings on the site and in relation to one another, the traffic circulation features within the site, the height and bulk of buildings, the provision of off street parking space, the provision of driveways for ingress and egress, and provision of other open space on the site, and the display of signs, shall be in accordance with a site plan or plans or subsequent amendment thereof, approved in any case by the planning commission prior to issuance of a building or land use permit. A site plan may also include provisions for landscaping, fences and walls designed to further the purposes of the regulations for commercial zones, and such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are appurtenant. Conditional uses are regulated by chapter 19 of this title.
(Ord. 803, 4-4-2012)