The intent in establishing the B-C Business Commercial Zone is to provide an area in which the primary use of land is for retail and other commercial uses serving the immediate needs of Alpine residents and situated within an environment, which is safe and aesthetically pleasing. The zone is also intended to serve as the commercial core of the City.

The zone is characterized by a mixture of retail and service commercial uses such as stores, restaurants, office structures and a wide variety of specialty shops and is generally located adjacent to major transportation arteries.

Manufacturing, residential and other uses and other activities, which would be inconsistent with the use of the land for commercial activities are discouraged or not permitted within the zone.

The specific regulations considered necessary for the accomplishment of the intent of the zone are hereinafter set forth.

(Ord. 95-22, 8/22/95 and Ord. 2002-13, Amended by Ord. 2011-09, 5/10/11; Ord. 2014-04, 3/25/14)

The following uses of land shall be permitted upon compliance with the applicable standards and conditions set forth in this ordinance.

1. 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.
   
2. Office buildings and medical clinics.
   
3. Personal service establishments such as barber and beauty shops, shoe repair, laundries and similar establishments.
   
4. Automotive service establishments, including gasoline dispensing facilities, car washes, and parking.
   
5. Recreational enterprises including but not limited to recreation centers, motion picture theaters, athletic clubs.
   
6. Funeral homes.
   
7. Single-unit detached dwellings when located on a lot in a recorded subdivision and subject to compliance with the applicable conditions within the zone.
   
8. Residential structures, provided that said structure existed as a residence prior to the effective date of this Chapter. Also, customary residential accessory structures (i.e. swimming pools, detached garages, private greenhouses etc.) when appurtenant to and on the same lot as a residence.
   
9. Residential structures located within or on the same premises as a permitted or conditional commercial use. Both residential and commercial buildings will be considered main buildings and will be required to meet the main building setbacks when on the same premises.
   
10. Accessory uses and structures shall be permitted provided they are incidental to and do not substantially alter the character of the permitted principle use or structure. Such permitted accessory uses and structures include, but are not limited to, buildings such as garages, carports, equipment and supply storage buildings which are customarily used in conjunction with and incidental to a principle use or structure permitted in the B-C Zone.
    
11. Agriculture, including the raising of row crops, grains and fruits and the incidental pasturage of animals. See DCA 3.21.090.
    
12. Other uses which are determined by the Planning Commission to be similar to and compatible with the foregoing uses and in harmony with the intent of the zone.
    
13. Water, sewer and utility transmission lines and facilities required as an incidental part of development within the zone, and subject to the approval of a site plan by the Planning Commission.
    
14. Motor vehicle roads and rights-of-way subject to compliance with City standards for design and construction for such uses, and upon approval of site plan by the Planning Commission.
    
15. Customary household pets.
    
16. The keeping and raising of animals and fowl, subject to the provisions of DCA 3.21.090.

(Ord. 95-22, 8/22/95 and Ord. 2002-13, Amended by Ord. 2011-09, 5/10/11; Ord. 2014-04, 3/25/14)

The following buildings, structures and uses of land shall be allowed upon compliance with the requirements set forth in this Ordinance and after approval has been given by the designated reviewing agencies (Approval of other agencies or levels of government may be required.):

1. Planned Commercial Developments Projects which are designed, approved, constructed and maintained in accordance with the provisions of DCA 3.10.
   
2. Commercial Condominium Projects subject to the applicable provisions of law relating thereto.
   
3. Schools, churches, hospitals (human care), nursing homes and other similar quasi-public buildings subject to the provisions of DCA 3.20.
   
4. Civic Buildings. (Ord. 95-10, 4/25/9)
   
5. Restaurants, provided that any such facility providing drive-up window service shall also include an area for inside service to patrons in an amount not less than fifty (50%) of the total floor area of the structure. In addition, the following shall apply to restaurants. (Ord. 97-05, 5/27/97)
   
   1. A traffic analysis shall be provided as part of the conditional use application.
      
   2. The drive-up window and driveway shall be unobtrusive and be screened from the street by berming and landscaping.
      
   3. Odors and noise shall be controlled as to not have an adverse impact on any nearby residential structures.
      
   4. Restaurants must comply with provisions of the sign ordinance.
      
   5. Restaurants must comply with the landscaping and design provisions in the B-C zone.
      
   6. Any drive-through window must be located on the side of the restaurant building which does not abut a public street and must be screened from the street side with berming and landscaping.
      
   7. Any drive-through window must have a stacking lane which will accommodate at least six cars off of the public street.
      
6. Single family dwellings (conventional construction) when proposed for placement on a lot not in a recorded subdivision, subject to compliance with the applicable conditions within the zone and approval of a site plan by the Planning Commission.
   
7. Seasonal sales such as produce or Christmas trees provided a business license is obtained from Alpine City.
   
8. Sexually-oriented businesses are a conditional use in the Business Commercial (BC) zone and are subject to the provisions of this chapter, including (Ord. 2010-07, 5/11/10):
   
   1. No sexually-oriented business shall be located within:
      
      1. One thousand (1,000) feet of a school, day care facility, public park, library, and religious institution;
         
      2. Four hundred (400) feet of any residential use (no matter which zoning district) or residential zoning boundary;
         
      3. One thousand (1,000) feet of a liquor store; and
         
      4. One thousand (1,000) feet of any other sexually-oriented business.
         
         For the purposes of this section, distance shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the sexually-oriented business is located, and:
         
         1. The closest property line of any school, day care facility, public park, library, and religious institution;
            
         2. The nearest property line of any residential use or residential zone;
            
         3. The nearest property line of any liquor store; and
            
         4. The closest exterior wall of another sexually-oriented business.
            
9. Home occupations, subject to the provisions of DCA 3.23.070 Part 3.
   
10. Accessory apartments, subject to the provisions of DCA 3.14.
    
11. Mechanical Automotive Repair Shops
    
    1. Odors and noise shall be controlled as to not have an unreasonable adverse impact on nearby structures and/or property.
       
    2. There shall be no more than 5 automobile bays.
       
    3. No automobiles shall be stored on the property for more than 14 days.
       
    4. Mechanical automotive repair shops shall comply with the regulations of the applicable entities including but not limited to the State of Utah, Timpanogos Service District, Lone Peak Fire Marshal, and Environmental Protection Agency.
    5. Mechanical automotive repair shops must abut directly upon and have access to Main Street (south of southern property line of the property located at 30 South Main Street) or Canyon Crest Road within the Business Commercial zone.
       
    6. Mechanical auto repair shops shall comply with the off-street parking requirements excepting there shall be no more than six (6) parking spaces provided per bay. An additional 10 parking spaces may be allowed exclusively for employee use. No off-street parking spaces shall be located within fifteen (15) feet of the property line closest to Main Street.
       
    7. Mechanical automotive repair shops shall conform to the provisions of the Gateway/Historic Zone (DCA 3.11).
12. Dog Kennels/Boarding Facilities
    1. Odors and noise shall be controlled as to not have an unreasonable adverse impact on nearby structures and/or property.
       
    2. Dogs shall be kept primarily indoors, with the exception of short periods of time for the dogs to exercise, relieve themselves, go on walks, etc.
       
    3. Shall have no more than twenty (20) individual dog kennel runs, with total dogs not to exceed 1.2 times the number of kennel runs.
    4. No more than one dog shall share a kennel run without the owner's permission.
       
    5. Facility shall be sound proofed, and include an indoor dog run.
    6. Shall comply with City off-street parking requirements.
    7. Shall provide daily disposal of all animal feces and wastes.
       
    8. Shall conform to the provisions of the Gateway/Historic Zone (DCA 3.11).
    9. There shall be adequate and effective means of control of insects and rodents at all times, such control shall be carefully monitored.
       
    10. Operator shall bear full responsibility for recapturing and controlling any escaped animal.
    11. Must have an active DVM relationship to immediately treat a sick or injured animal requiring medical attention.
    12. Facility shall be located not less than one hundred fifty (150) feet from the nearest neighboring dwelling structure.
        
        

(Ord. 95-22, 8/22/95 and Ord. 2002-13, Amended by Ord. 2011-09, 5/10/11; Ord. 2014-04, 3/25/14)

1. Lot Occupied by a Dwelling Structure
   1. Lot Size. The minimum lot area for a single-unit dwelling shall be 10,000 square feet. Each lot shall contain a minimum of 10,000 square feet of area outside the mapped 100-year flood plain areas and any storm water detention or basins).
   2. Lot Coverage. No lot within the BC Zone may have more than fifty (50) percent of its land area covered by buildings or other impervious material.
   3. Lot Width. The minimum width of any lot for a dwelling shall be ninety (90) feet, measured at the required front yard set back line.
2. Lot Occupied by an Office and Commercial Structure. There shall be no minimum lot area or width requirements except that an area sufficient to accommodate the structure, landscaped areas, minimum setback, required off-street parking, loading and unloading, vehicular ingress and egress shall be provided and maintained.

(Ord. 95-22, 8/22/95 and Ord. 2002-13, Amended by Ord. 2011-09, 5/10/11; Ord. 2014-04, 3/25/14)

All buildings shall comply with the following setbacks:

1. Front setback shall be not less than fifteen (15) feet from the property line on all streets; except corner lots, where setbacks shall not be less than eighteen (18) feet from the property line on all streets. No portion of the setback area adjacent to a street shall be used for off-street parking.
   
2. In commercial developments adjacent to other commercial areas, the side yard and rear yard setbacks will be not less than ten (10) feet unless recommended by the Planning Commission and approved by the City Council where circumstances justify.
   
3. Where a commercial zone abuts a residential zone, the side yard and rear yard setbacks will be not less than twenty (20) feet unless recommended by the Planning Commission and approved by the City Council where circumstances justify.
   
4. A lot occupied by a dwelling structure shall comply with the setback requirements set forth in the TR-10,000 zone (DCA 3.02.050 Part 1) unless recommended by the Planning Commission and approved by the City Council where circumstances justify.
5. Where a commercial use and dwelling unit occupy the same building (mixed use), the Primary Use shall determine the setback requirements. If the Primary Use is commercial, the building shall meet the setback requirements as outlined above. If the Primary Use is a dwelling, the building shall comply with the setback requirements set forth in the TR-10,000 zone (DCA 3.02.050 Part 1).
6. Accessory buildings shall be set back not less than five (5) feet from the main building.
   

(Ord. 95-22, 8/22/95 and Ord. 2002-13, Amended by Ord. 2011-09, 5/10/11; Ord. 2014-04, 3/25/14)
(Amended by Ord. 98-05, 3/10/98)

Each lot shall abut directly upon and have access to a City street which is improved in accordance with City street improvement standards.

(Ord. 95-22, 8/22/95 and Ord. 2002-13, Amended by Ord. 2011-09, 5/10/11; Ord. 2014-04, 3/25/14)

1. Culinary Water. All dwellings and other structures to be used for human occupancy shall be served by the City's water system. The system serving the dwelling shall be capable of providing water to the dwelling at a volume sufficient for both culinary and fire fighting purposes and at a pressure of not less than forty (40) psi as determined by the City Engineer.
2. Domestic Sewage Disposal. All dwellings and other structures that generate sewage shall be connected to and served by the city sewer system, unless a different system is allowed by the city council under Section 14.04.010 of the Municipal Code of Alpine City (“MCA”), as amended.
   

(Ord. 95-22, 8/22/95 and Ord. 2002-13, Amended by Ord. 2011-09, 5/10/11; Ord. 2014-04, 3/25/14)

1. Uses Within Buildings. All commercial activities and storage 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 gasoline dispensing, plant nursery displays, temporarily parked automobiles in need of repair, and temporary sale of Christmas trees.
2. Site Plan to Be Approved For All New Commercial Uses. Prior to the establishment of a new commercial use or the construction of a new building, a site plan shall be submitted, reviewed and recommended by the Planning Commission and approved by the City Council. (Amended by Ord. 2004-13, 9/28/04).
3. Off-street Parking. Off-street parking area which requires backing from the off-street parking space onto the street right-of-way in order to exit shall not be permitted. All ingress and egress shall be by forward motion only.
   
   All points of ingress and egress to a commercial use or off-street parking areas shall be as shown on the site plan and shall be located not less than forty (40) feet from any intersection of public streets.
   
   All off-street parking areas shall be hard-surfaced and shall be bordered by a curb or other barrier.
   
   The number of required parking spaces and other particulars about the design and construction of off-street parking shall conform to the provisions of DCA 3.24.
   
   
4. Trash Storage. Adequate facilities for the disposal of solid waste shall be provided. All containers for the temporary storage and disposal solid waste material shall be of a size, type and quantity approved by the City shall be maintained in a location as shown on the Site Plan.
5. Storage Containers. The use of any portable unit, pod, or similar type of storage container is prohibited in this zone unless approved by the city.
6. Surface Water Drainage to be Retained On-site. All additional surface drainage generated as a result of development activity shall be disposed of on-site, as determined by the City Engineer.
7. Height of Buildings. The maximum height of any dwelling or other main building shall be thirty-four (34) feet, as determined in accordance with the provisions of DCA 3.21.080. (Ord. 96-15, 12/18/96).
8. Landscaping Required. As a means of mitigating safety hazards or adverse visual impacts all areas of the site not devoted to buildings or off street parking shall be landscaped. The landscaped area shall be not less than twenty (20) percent of the total area of the site. In addition to all other plan elements, a landscaping plan shall be submitted in conformance with DCA 3.13
9. Design of Commercial Structures. Commercial buildings shall comply with the following architectural design criteria. (Preliminary architectural design drawings of all building elevations shall be presented to the Planning Commission for review).
   1. The exterior of all commercial buildings shall be finished predominantly with wood and/or brick, stucco, stone or similar materials in accordance with guidelines in the Historical/Commercial/Residential Ordinance. Pitched roofs are preferred.
   2. The architectural styles of the business district should be consistent and harmonious. The style of building design and trim should be compatible with the relatively uncomplicated rural, small town character of Alpine. Extremely irrelevant, contrived or inconsistent styles will be discouraged.
10. Water Rights Conveyance Requirements. Water rights shall be conveyed to the City in accordance with the provisions of DCA 3.21.070.
11. Nuisances Prohibited. No land or building shall be used in any manner so as to create dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard, noise, or vibration, smoke, dust, odor, or other form of air pollution; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such an amount as to adversely affect the surrounding area or adjoining premises.
12. Customary Accessory Structures. All Customary Accessory Structures (henceforth referred to as Accessory Structures) shall be located in accordance with the setbacks and regulations outlined below. Accessory Structures that also meet the classification of Accessory Building shall require a building permit.
    (Ordinance 2002-13) (Amended by Ord. 2006-14, 9/12/06; Ord. 2010-03, 8/24/10):
    1. Setback from main building. Accessory Structures shall be set back not less than five (5) feet from the main building. Additionally, Accessory buildings which are located twelve (12) feet or closer to a main building and are attached to the main building by a common roof or wall shall be considered as part of the main building and shall meet the same setbacks as the main building.
    2. Side Setback - Corner Lot, Side Abutting a Street. Accessory buildings shall be set back not less than forty (40) feet from the side lot line which abuts on a street.
    3. Front Setback. Accessory buildings shall be set back not less than forty (40) feet from the front property line.
    4. Side and Rear Setback - Interior Lot Line. Accessory buildings shall be set back no less than ten (10) feet from the rear lot line and five (5) feet from the side lot line, except that no minimum rear or side setback shall be required when all the following conditions are met:
       1. The accessory building is located more than twelve (12) feet from an existing dwelling on the same or adjacent lot;
       2. The accessory building contains no openings on the side contiguous to the lot line;
       3. No drainage from the roof will be discharged onto an adjacent lot;
       4. The accessory building shall be constructed of non-combustive materials or have fire resistive walls rated at one (1) hour or more;
       5. The building will not be placed on land designated as a recorded easement, such as a utility or trail easement; and
       6. The building will not be taller than twelve (12) feet six (6) inches to the top of the roof line.
    5. Accessory Building Height. The maximum height of any accessory building shall be twenty (20) feet as measured form the average finished grade of the ground surface adjacent to the foundation o the structure to the top of the ridge line.
       1. Exceptions to the Height Requirement. Chimneys, flag poles, television antennas, and similar ancillary structures not used for human occupancy shall be excluded in determining height, provided that no such ancillary structure shall extend to a height in excess of fifteen (15) feet above the building.
       2. Additional Accessory Building Height. For every one (1) foot of additional height above twenty (20) feet, an additional two (2) feet of side yard and rear yard setback will be required. The maximum height of the accessory building as measured to the ridgeline shall be thirty (30) feet.
13. Heliports. The installation of a heliport for the use of a helicopter or other manned rotary wing aircrafts capable of vertical takeoff or landing is prohibited.
14. Short Term Rentals. Short Term Rentals are prohibited.
    

(Ord. 95-22, 8/22/95 and Ord. 2002-13, Amended by Ord. 2011-09, 5/10/11; Ord. 2014-04, 3/25/14)