Brigham City City Zoning Code

COMMERCIAL DISTRICTS

§ 156.135 PURPOSE.

(A) General Commercial (GC) Zone. The purpose of this zone is to establish a district for a combination of commercial, office, entertainment, retail, and service businesses and activities. The zone is designed to allow a range of businesses with access from major streets. This zone is distinguished from the Central Business District by the accommodation of uses that may generate a lower level of pedestrian activity. A high level of quality is required in project design.

(B) Central Business District (CDB) Zone. The purpose of this zone is to establish a district for retail, entertainment, service and heritage related businesses and activities that are intended to cultivate a high level of pedestrian activity, and encourage both daytime and nighttime consumer activity. This zone is also intended to protect the unique nature of the city’s downtown area. Regulations of this zone are designed to provide a suitable environment for those commercial and service uses which are vital to economic life, with an emphasis on retail, service, entertainment and heritage enterprises. A high degree of quality is required in project design. Compatibility of new construction with existing architecture is required.

(Prior Code, § 29.13.010) (Ord. 09-03, passed 2-19-2009)

§ 156.136 CODES AND SYMBOLS.

In the following section of this subchapter, uses of land or buildings which are allowed in the various districts are shown as “permitted uses”, indicated by a “P” in the appropriate column, or as “conditional uses”, indicated by a “C” in the appropriate column. If a use is not allowed in a given district, it is either not named in the use list or it is indicated in the appropriate column by an “N”. No building, structure or land shall be used and no building or structure shall be hereafter erected, structurally altered, enlarged or maintained in the commercial districts, except as provided in this chapter:

	GC	CBD
Accessory uses/buildings and temporary buildings
Accessory uses and buildings customarily incidental to the permitted uses	P	P
Accessory uses and buildings customarily incidental to the conditional uses	C	C
Temporary buildings for uses incidental to construction work, including living quarters for a guard or night watchman, which buildings must be removed upon completion or abandonment of the construction work	C	C
Automobile sales and services
Automobile fuel or service station	P	N
Automobile dealership, new or used; the parcel or lot shall be a minimum of 1 acre in size with a minimum street frontage of 100 feet. Incidental service and repair are to be conducted within an enclosed building	P	N
Automobile lube and oil center	P	N
Automobile parts, new or reconditioned stored parts and business conducted within enclosed building	P	N
Automobile service and repair; provided, all work and storage is conducted within a completely enclosed building	P	N
Car wash; automatic or manual; provided property not adjacent to residential dwelling property line	P	N
Motorcycle or scooter sales, new or used; display within the public right-of-way is prohibited. Motorcycle or scooter sales located in the Central Business District (CBD) shall be within an enclosed building. Outside storage, display or on-site servicing is prohibited in the CBD	P	C
Parking lot incidental to a use conducted on the premises	P	P
Parking lot not incidental to a use conducted on the premises	P	P
Cannabis production establishment (see § 156.345 of this chapter)	N	N
Dwellings and other living quarters
Accessory dwelling unit (subject to standards in §§ 156.335 through 156.360 of this chapter)	P	P
Assisted living facility	P	N
Bed and breakfast (see §§ 156.335 through 156.360 of this chapter)	C	C
Beekeeping (subject to regulations outlined in Chapter 90 in this code of ordinances)	P	N
Boarding house	N	N
Dwellings existing only, no new or conversion to a greater number of residential units. Any permitted modifications shall comply with the R-M-7 Zone standards	P	P
Exceptions (R-M-7 standards apply):
Existing dwelling(s) may be replaced with a new dwelling of the same or lesser classification (i.e., single-family, two-family, three-family and the like)
New dwelling(s) may be allowed on parcels fronting 100 East or 100 West Streets between 100 North and 900 North Streets and between 300 South and 700 South Streets
This exception also includes parcels fronting side streets (i.e., 600 North, 400 South and the like) between 100 East Street and Main Street and 100 West Street and Main Street. A corner lot with a side yard fronting Main Street is not considered an exception to this provision
Any dwelling structure may not extend beyond the center of the block unless it is a parcel fronting a side street. Where a property line extends beyond the center of the block toward Main Street, the rear yard setback shall be from the center of the block
Homeless shelter	N	N
Hotel; motels	P	P
Multiple-family dwellings, part of a commercial development; dwellings may be stand alone, not connected to or part of a commercial building, as long as it is integrated into the overall project, subject to:	C	C
Project area at least 40 acres
Development agreement to establish landscaping, architectural and usable recreation area standards
A maximum of 30% residential development within project area
R-M-30 Zone standards
At least 50% of the residential units shall be recorded and constructed in a manner to allow for home ownership
Nursing home	P	N
Protective housing facility	P	N
Recreational coach park within one-half mile (2,640 feet) of an interstate (subject to §§ 156.675 through 156.680 of this chapter)	P	N
Residential facility for elderly persons	P	P
Residential facility for persons with a disability	P	P
Single- or multiple-family dwellings located in the same building and located above, behind or beneath a principal commercial use	C	C
Transitional housing facility	C	N
Vacation rental (see §§ 156.335 through 156.360 of this chapter)	C	C
Medical cannabis pharmacy (see § 156.345 of this chapter)	P	P
Public and quasi-public
Church; religious institution	P	C
College, private or public	C	C
Educational institution	C	C
Essential service facilities	C	C
Parks	P	P
Golf courses; swimming pools and other recreation areas	P	N
Public buildings	P	P
Public utility installations	P	C
School, charter	P	C
School, private	C	C
School, public	P	C
School, trade or vocational	C	C
University, private or public	C	C
Recreation and entertainment
Art gallery; art museum	P	P
Archery shop and/or range, conducted within enclosed building	P	P
Athletic club; health club; spa fitness center; sports courts; windows facing Main Street within CBD are not allowed to be blocked out with opaque covering	P	P
Bicycle shop	P	P
Bowling alley	P	N
Dance studio	P	N
Gymnasium	P	N
Martial arts studio; karate studio; windows facing Main Street within CBD are not allowed to be blocked out with opaque covering	P	P
Miniature golf course	P	N
Recreation center	P	P
Sexually-oriented business (see Chapter 118 of this code of ordinances)	N	N
Social club; billiards or pool hall	C	C
Swimming pool	P	N
Skating rink	P	C
Theater, indoor	P	P
Sales and related services
Appliance and furniture store	P	P
Art shop and/or art supply	P	P
Bakery; candy making; confectionery; nut shop	P	P
Beer retailer, as defined by Utah Code	P	P
Bookstore	P	P
Building material/hardware sales conducted within enclosed building	P	N
Catering establishment	P	P
Clothing store	P	P
Copy center; printing; publishing	P	P
Delicatessen	P	P
Department store	P	P
Fast food establishment with drive-in or drive-up window	P	P
Fast food establishment without drive-in or drive-up window	P	P
Florist shop	P	P
Greenhouse; nursery; plant materials	P	N
Grocery store; health food store	P	P
Gunsmith	P	P
Home improvement and garden store	P	N
Mail service; private postal service	P	P
Monument sales with outside display of product; primary retail use that includes incidental activities relating to engraving of natural stone, cultured stone, glass and wood, and casting of memorial foundations. All work and equipment must be enclosed in a building. The retail use must be at least 50% of the property	P	N
Music and/or movie store	P	P
Office supply; office machines, sales and repair	P	P
Pawn shop	P	N
Pet shop; pet grooming	P	N
Pharmacy; drugstore	P	P
Photographer or photography shop	P	P
Price-point retail establishment	P	N
Repair services (e.g., appliances, heating and air conditioning, plumbing)	P	N
Restaurant; café; microbrewery; eating establishment with or without on premises alcohol consumption sales	P	P
Secondhand or thrift store conducted within enclosed building	P	P
Seed and/or feed store conducted within enclosed building, no outside bins	P	N
Shopping center containing only permitted uses	P	N
Specialty retail stores (e.g., gift, hobby, craft, jewelry, interior decorating, antiques)	P	P
Sporting goods store	P	P
State liquor store	P	P
Tire store, sales and repair conducted within an enclosed building and no outside storage	P	N
Woodworking shop; manufacturing, compounding, assembling and woodworking of articles in a small totally enclosed woodworking shop, not to exceed 2,000 sq. ft. in size, and limited to the north end of Main Street between 600 North and 900 North. All work is to be conducted within the enclosed woodworking shop. No outside storage of equipment, materials or product. The shop shall be constructed or insulated in a manner to reduce noise	P	N
Service activities
Animal hospital, small animals only; provided, all animals are maintained and kept within enclosed building	P	N
Body art facility	P	P
Business or financial services	P	P
Clinic, dental or medical	P	P
Crisis nursery	C	C
Day care center	C	N
Depository institution (e.g., bank, credit union)	P	P
Hospital	P	N
Key and lock service	P	N
Laboratories, dental or medical	P	P
Laundry cleaning, automatic self-help (laundromat)	P	P
Laundry cleaning, drop-off off-site drying cleaning and/or pressing	P	P
Laundry cleaning, drop off on-site dry cleaning and/or pressing	P	N
Mortuary; funeral home	P	N
Non-depository institution	P	N
Office, business or professional	P	P
Personal services (e.g., barber and beauty shop, tanning salon, tailor shop, shoe repair)	P	P
Physical therapy; sports therapy; message therapy	P	P
Reception center; social hall	P	P
Rehabilitation/treatment facility	C	N
Rental shops, no outside display or storage	P	P
Rental equipment, including moving equipment and vehicles, excluding truck-tractor or semi-trailer	P	N
Surgical center	P	N
Tattoo establishment, including body art, body piercing, scarification and branding	N	N
Taxidermist	P	N
Travel bureau	P	P
Transportation
Bus stops	P	P
Freight transportation service	N	N
Park and ride facilities	P	N
Taxi hub	N	N
Taxi service	P	P
Towing service	N	N
Transfer company	N	N
Truck stop and service facilities within 1,000 feet of an interstate interchange	P	N

(Prior Code, § 29.13.020) (Ord. 01-17, passed 2-15-2001; Ord. 03-46, passed 10-30-2003; Ord. 09-03, passed 2-19-2009; Ord. 11-16, passed 6-1-2011; Ord. 11-27, passed 10-6-2011; Ord. 12-01, passed 1-19-2012; Ord. 12-03, passed 1-19-2012; Ord. 12-16, passed 12-6-2012; Ord. 13-09, passed 3-21-2013; Ord. 14-11, passed 10-2-2014; Ord. 15-12, passed 7-16-2015; Ord. 16-06, passed 5-19-2016; Ord. 17-09, passed 3-16-2017; Ord. 19-20, passed 11-7-2019; Ord. 21-02, passed 3-18-2021; Ord. 22-01, passed 2-17-2022; Ord. 23-08, passed 4-6-2023; Ord. 24-26, passed 9-19-2024)

§ 156.137 AREA, WIDTH, FRONTAGE, YARD AND COVERAGE REGULATIONS.

(A) The area, width, frontage and yard standards shall be regulated by design review or by planned unit development approval, except the following:

(1) Commercial buildings adjacent to any residential district boundary or an existing residential use shall have the following setbacks (see following figure):

(a) Fifteen feet from a side or rear property line; and

(b) Twenty feet from the front property line or property line along a street.

(2) The minimum setback for commercial buildings within the General Commercial District along West Forest Street shall be 30 feet.

(3) No building shall be located within a 20-foot by 20-foot view triangle located at the intersecting front and side property lines as shown in the figures below, unless an existing adjacent commercial building has a lesser setback, then the new construction may match its setback as shown below.

(4) Building size, height, location and orientation within the Central Business District shall be in harmony with the Historic Downtown Guidelines.

(B) The maximum building or structure coverage of a lot or parcel shall be 50%, unless otherwise permitted by planned unit development approval.

(Prior Code, § 29.13.030) (Ord. 09-03, passed 2-19-2009; Ord. 14-06, passed 5-1-2014; Ord. 15-04, passed 3-29-2015)

§ 156.138 HEIGHT REGULATIONS.

(A) The maximum height for all buildings and structures shall be 75 feet or seven stories.

(B) No building which is accessory to a one-family, two-family, three-family or multi-family dwelling shall be erected to a height greater than one story or 20 feet.

(Prior Code, § 29.13.040) (Ord. 09-03, passed 2-19-2009)

§ 156.139 PROTECTION OF RESIDENTIAL PROPERTY.

(A) Where a commercial development adjoins any residential zone or residential use, there shall be provided along the adjoining property line a six-foot solid fence or masonry wall. Chain link fencing with slats is not considered a solid fence for purposes of this section. A fence or wall is not required along the adjoining property line in the required front yard setback. If a fence or wall is installed along the property line in the required front yard setback, it shall comply with the height and location standards as referenced in § 156.346 of this chapter.

(B) Where a multiple-family residential development adjoins any single-family residential use, there shall be provided along the adjoining property line a six-foot solid fence or masonry wall. Chain link fencing with slats is not considered a solid fence or wall for purposes of this section, unless the chain link has interlocking opaque vinyl, which is pre-inserted into the mesh. A fence or wall is not required along the adjoining property line in the required front yard setback. If a fence or wall is installed along the property line in the required front yard setback, it shall comply with the height and location standards as referenced in § 156.346 of this chapter.

(Prior Code, § 29.13.050) (Ord. 09-03, passed 2-19-2009)

§ 156.140 LANDSCAPING.

(A) Landscaped areas are used to frame and soften structures, to define site functions, to enhance the quality of the environment and to screen undesirable views. Landscaping should complement the buildings and surroundings to make a positive contribution to the aesthetics and function of both the specific site and the area.

(B) The following characteristics will need to be addressed in the design of each commercial project:

(1) (a) Landscaped areas should generally incorporate planting utilizing a three tiered system:

1. Grasses and ground cover;

2. Shrubs and vines; and

3. Trees.

(b) Landscape design and construction should emphasize drought tolerant landscaping where possible.

(2) All areas not covered by approved buildings and structures or required parking must be completely landscaped and maintained using an automatic irrigation system. All areas not covered by an approved building, required parking, trees or shrubs shall be covered by grass or another acceptable ground cover such as bark, wood chips or decorative rocks. Dirt, weeds and similar materials are not considered acceptable ground cover.

(3) All required landscaping must be properly maintained.

(4) Plant materials will be placed in a manner that avoids interference with project lighting or restriction of access to emergency apparatus such as fire hydrants or fire alarm boxes. Landscaping should preserve the clear view area defined in this chapter.

(5) Planting areas will be protected from vehicular and pedestrian encroachment by raised planting surfaces, bumper guards or the use of curbs.

(6) Plants in containers or planter boxes are encouraged for areas adjacent to store fronts along walkways; provided that, the containers or planter boxes do not obstruct pedestrian or vehicular circulation.

(7) Vines and climbing plants integrated upon buildings, trellises and perimeter walls are not only attractive, but also help discourage graffiti and are encouraged in appropriate areas.

(8) Existing mature trees, riparian corridors and view sheds should be preserved and incorporated into the project landscaping.

(9) Storm drainage facilities should be incorporated into the landscape design and appear to be a part of the overall project.

(10) No species of trees or large shrub should be planted under overhead lines or over underground utilities if its natural growth may interfere with the installation or maintenance of any public or private utility.

(11) A complete landscaping plan is considered part of an application for site plan review and shall include the types and sizes of all planting materials. A minimum of one evergreen tree no less than five feet in height or deciduous tree with no less than two-inch caliper for every 1,000 square feet of land not covered by an approved building or required parking. Each plan should include a variety of planting materials and a mixture of evergreen and deciduous trees.

(a) For the purposes of this section, if a fractional number is obtained in calculating the tree requirement, the fraction will either be rounded up to a whole number if at point-five (0.5) or greater or disregarded if at point-four (0.4) or less.

(b) 1. The Planning Commission, upon receiving a recommendation by the City Forester, may approve a modification to the number of required trees if the property owner seeking development approval presents substantial evidence demonstrating that the modification, as determined by the Planning Commission, should be approved based on one of the following reasons:

a. The strict application of the number of trees will result in an unreasonable hardship as the result of shallow lot depth, irregular lot shape, unusual topography or other similar factors including soil condition, tree spacing or utility conflict; or

b. The proposed modification constitutes an innovative landscaping design which is superior to the landscaping that would result from application of required standards.

2. If the Planning Commission grants a modification under this section, it shall make specific findings justifying the modification.

(c) Existing trees on the said property m ay count toward the requirement upon the City Forester’s inspection and approval. Consideration includes the size, type, location and condition of the tree(s).

(12) Refer to 1100 South Corridor Design Guidelines, West Forest Street Design Guidelines and West Forest Street Corridor Overlay and the Historic Downtown Design Guidelines for specific landscape requirements.

(Prior Code, § 29.13.060) (Ord. 09-03, passed 2-19-2009)

§ 156.141 SPECIAL PROVISIONS.

(A) Any area outside of a building used for any activity other than off-street parking and loading shall be completely enclosed within a solid fence or wall of a height sufficient to completely screen such activity from the street or from adjoining parcels (chain link fencing with slats is not considered a solid fence or wall for purposes of this chapter).

(B) All uses shall be conducted from enclosed buildings except automobile fuel or service stations, carwashes, automobile and recreational vehicle sales, rental or lease, off-street parking and loading, plant material nurseries, outdoor restaurants and commercial recreation, unless otherwise permitted by planned unit development or conditional use permit.

(D) Properties located within the 1100 South Corridor, West Forest Street and Historic Downtown areas of the community are subject to established design guidelines.

(Prior Code, § 29.13.070) (Ord. 09-03, passed 2-19-2009)

§ 156.142 USES NOT LISTED.

The Community Development Director or designee shall have the authority to identify and categorize unlisted uses within the listed permitted or conditional uses of this chapter, based on a finding of substantial similarity of character, origin and impact and the like to a listed use and, when so categorized, such use shall thereafter be recognized and treated the same as a listed use.

(Prior Code, § 29.13.080) (Ord. 09-03, passed 2-19-2009)

Brigham City City Zoning Code

COMMERCIAL DISTRICTS

§ 156.135 PURPOSE.

(Prior Code, § 29.13.010) (Ord. 09-03, passed 2-19-2009)

§ 156.136 CODES AND SYMBOLS.

	GC	CBD
Accessory uses/buildings and temporary buildings
Accessory uses and buildings customarily incidental to the permitted uses	P	P
Accessory uses and buildings customarily incidental to the conditional uses	C	C
Temporary buildings for uses incidental to construction work, including living quarters for a guard or night watchman, which buildings must be removed upon completion or abandonment of the construction work	C	C
Automobile sales and services
Automobile fuel or service station	P	N
Automobile dealership, new or used; the parcel or lot shall be a minimum of 1 acre in size with a minimum street frontage of 100 feet. Incidental service and repair are to be conducted within an enclosed building	P	N
Automobile lube and oil center	P	N
Automobile parts, new or reconditioned stored parts and business conducted within enclosed building	P	N
Automobile service and repair; provided, all work and storage is conducted within a completely enclosed building	P	N
Car wash; automatic or manual; provided property not adjacent to residential dwelling property line	P	N
Motorcycle or scooter sales, new or used; display within the public right-of-way is prohibited. Motorcycle or scooter sales located in the Central Business District (CBD) shall be within an enclosed building. Outside storage, display or on-site servicing is prohibited in the CBD	P	C
Parking lot incidental to a use conducted on the premises	P	P
Parking lot not incidental to a use conducted on the premises	P	P
Cannabis production establishment (see § 156.345 of this chapter)	N	N
Dwellings and other living quarters
Accessory dwelling unit (subject to standards in §§ 156.335 through 156.360 of this chapter)	P	P
Assisted living facility	P	N
Bed and breakfast (see §§ 156.335 through 156.360 of this chapter)	C	C
Beekeeping (subject to regulations outlined in Chapter 90 in this code of ordinances)	P	N
Boarding house	N	N
Dwellings existing only, no new or conversion to a greater number of residential units. Any permitted modifications shall comply with the R-M-7 Zone standards	P	P
Exceptions (R-M-7 standards apply):
Existing dwelling(s) may be replaced with a new dwelling of the same or lesser classification (i.e., single-family, two-family, three-family and the like)
New dwelling(s) may be allowed on parcels fronting 100 East or 100 West Streets between 100 North and 900 North Streets and between 300 South and 700 South Streets
This exception also includes parcels fronting side streets (i.e., 600 North, 400 South and the like) between 100 East Street and Main Street and 100 West Street and Main Street. A corner lot with a side yard fronting Main Street is not considered an exception to this provision
Any dwelling structure may not extend beyond the center of the block unless it is a parcel fronting a side street. Where a property line extends beyond the center of the block toward Main Street, the rear yard setback shall be from the center of the block
Homeless shelter	N	N
Hotel; motels	P	P
Multiple-family dwellings, part of a commercial development; dwellings may be stand alone, not connected to or part of a commercial building, as long as it is integrated into the overall project, subject to:	C	C
Project area at least 40 acres
Development agreement to establish landscaping, architectural and usable recreation area standards
A maximum of 30% residential development within project area
R-M-30 Zone standards
At least 50% of the residential units shall be recorded and constructed in a manner to allow for home ownership
Nursing home	P	N
Protective housing facility	P	N
Recreational coach park within one-half mile (2,640 feet) of an interstate (subject to §§ 156.675 through 156.680 of this chapter)	P	N
Residential facility for elderly persons	P	P
Residential facility for persons with a disability	P	P
Single- or multiple-family dwellings located in the same building and located above, behind or beneath a principal commercial use	C	C
Transitional housing facility	C	N
Vacation rental (see §§ 156.335 through 156.360 of this chapter)	C	C
Medical cannabis pharmacy (see § 156.345 of this chapter)	P	P
Public and quasi-public
Church; religious institution	P	C
College, private or public	C	C
Educational institution	C	C
Essential service facilities	C	C
Parks	P	P
Golf courses; swimming pools and other recreation areas	P	N
Public buildings	P	P
Public utility installations	P	C
School, charter	P	C
School, private	C	C
School, public	P	C
School, trade or vocational	C	C
University, private or public	C	C
Recreation and entertainment
Art gallery; art museum	P	P
Archery shop and/or range, conducted within enclosed building	P	P
Athletic club; health club; spa fitness center; sports courts; windows facing Main Street within CBD are not allowed to be blocked out with opaque covering	P	P
Bicycle shop	P	P
Bowling alley	P	N
Dance studio	P	N
Gymnasium	P	N
Martial arts studio; karate studio; windows facing Main Street within CBD are not allowed to be blocked out with opaque covering	P	P
Miniature golf course	P	N
Recreation center	P	P
Sexually-oriented business (see Chapter 118 of this code of ordinances)	N	N
Social club; billiards or pool hall	C	C
Swimming pool	P	N
Skating rink	P	C
Theater, indoor	P	P
Sales and related services
Appliance and furniture store	P	P
Art shop and/or art supply	P	P
Bakery; candy making; confectionery; nut shop	P	P
Beer retailer, as defined by Utah Code	P	P
Bookstore	P	P
Building material/hardware sales conducted within enclosed building	P	N
Catering establishment	P	P
Clothing store	P	P
Copy center; printing; publishing	P	P
Delicatessen	P	P
Department store	P	P
Fast food establishment with drive-in or drive-up window	P	P
Fast food establishment without drive-in or drive-up window	P	P
Florist shop	P	P
Greenhouse; nursery; plant materials	P	N
Grocery store; health food store	P	P
Gunsmith	P	P
Home improvement and garden store	P	N
Mail service; private postal service	P	P
Monument sales with outside display of product; primary retail use that includes incidental activities relating to engraving of natural stone, cultured stone, glass and wood, and casting of memorial foundations. All work and equipment must be enclosed in a building. The retail use must be at least 50% of the property	P	N
Music and/or movie store	P	P
Office supply; office machines, sales and repair	P	P
Pawn shop	P	N
Pet shop; pet grooming	P	N
Pharmacy; drugstore	P	P
Photographer or photography shop	P	P
Price-point retail establishment	P	N
Repair services (e.g., appliances, heating and air conditioning, plumbing)	P	N
Restaurant; café; microbrewery; eating establishment with or without on premises alcohol consumption sales	P	P
Secondhand or thrift store conducted within enclosed building	P	P
Seed and/or feed store conducted within enclosed building, no outside bins	P	N
Shopping center containing only permitted uses	P	N
Specialty retail stores (e.g., gift, hobby, craft, jewelry, interior decorating, antiques)	P	P
Sporting goods store	P	P
State liquor store	P	P
Tire store, sales and repair conducted within an enclosed building and no outside storage	P	N
Woodworking shop; manufacturing, compounding, assembling and woodworking of articles in a small totally enclosed woodworking shop, not to exceed 2,000 sq. ft. in size, and limited to the north end of Main Street between 600 North and 900 North. All work is to be conducted within the enclosed woodworking shop. No outside storage of equipment, materials or product. The shop shall be constructed or insulated in a manner to reduce noise	P	N
Service activities
Animal hospital, small animals only; provided, all animals are maintained and kept within enclosed building	P	N
Body art facility	P	P
Business or financial services	P	P
Clinic, dental or medical	P	P
Crisis nursery	C	C
Day care center	C	N
Depository institution (e.g., bank, credit union)	P	P
Hospital	P	N
Key and lock service	P	N
Laboratories, dental or medical	P	P
Laundry cleaning, automatic self-help (laundromat)	P	P
Laundry cleaning, drop-off off-site drying cleaning and/or pressing	P	P
Laundry cleaning, drop off on-site dry cleaning and/or pressing	P	N
Mortuary; funeral home	P	N
Non-depository institution	P	N
Office, business or professional	P	P
Personal services (e.g., barber and beauty shop, tanning salon, tailor shop, shoe repair)	P	P
Physical therapy; sports therapy; message therapy	P	P
Reception center; social hall	P	P
Rehabilitation/treatment facility	C	N
Rental shops, no outside display or storage	P	P
Rental equipment, including moving equipment and vehicles, excluding truck-tractor or semi-trailer	P	N
Surgical center	P	N
Tattoo establishment, including body art, body piercing, scarification and branding	N	N
Taxidermist	P	N
Travel bureau	P	P
Transportation
Bus stops	P	P
Freight transportation service	N	N
Park and ride facilities	P	N
Taxi hub	N	N
Taxi service	P	P
Towing service	N	N
Transfer company	N	N
Truck stop and service facilities within 1,000 feet of an interstate interchange	P	N

§ 156.137 AREA, WIDTH, FRONTAGE, YARD AND COVERAGE REGULATIONS.

(A) The area, width, frontage and yard standards shall be regulated by design review or by planned unit development approval, except the following:

(1) Commercial buildings adjacent to any residential district boundary or an existing residential use shall have the following setbacks (see following figure):

(a) Fifteen feet from a side or rear property line; and

(b) Twenty feet from the front property line or property line along a street.

(2) The minimum setback for commercial buildings within the General Commercial District along West Forest Street shall be 30 feet.

(4) Building size, height, location and orientation within the Central Business District shall be in harmony with the Historic Downtown Guidelines.

(B) The maximum building or structure coverage of a lot or parcel shall be 50%, unless otherwise permitted by planned unit development approval.

(Prior Code, § 29.13.030) (Ord. 09-03, passed 2-19-2009; Ord. 14-06, passed 5-1-2014; Ord. 15-04, passed 3-29-2015)

§ 156.138 HEIGHT REGULATIONS.

(A) The maximum height for all buildings and structures shall be 75 feet or seven stories.

(B) No building which is accessory to a one-family, two-family, three-family or multi-family dwelling shall be erected to a height greater than one story or 20 feet.

(Prior Code, § 29.13.040) (Ord. 09-03, passed 2-19-2009)

§ 156.139 PROTECTION OF RESIDENTIAL PROPERTY.

(Prior Code, § 29.13.050) (Ord. 09-03, passed 2-19-2009)

§ 156.140 LANDSCAPING.

(B) The following characteristics will need to be addressed in the design of each commercial project:

(1) (a) Landscaped areas should generally incorporate planting utilizing a three tiered system:

1. Grasses and ground cover;

2. Shrubs and vines; and

3. Trees.

(b) Landscape design and construction should emphasize drought tolerant landscaping where possible.

(3) All required landscaping must be properly maintained.

(5) Planting areas will be protected from vehicular and pedestrian encroachment by raised planting surfaces, bumper guards or the use of curbs.

(7) Vines and climbing plants integrated upon buildings, trellises and perimeter walls are not only attractive, but also help discourage graffiti and are encouraged in appropriate areas.

(8) Existing mature trees, riparian corridors and view sheds should be preserved and incorporated into the project landscaping.

(9) Storm drainage facilities should be incorporated into the landscape design and appear to be a part of the overall project.

b. The proposed modification constitutes an innovative landscaping design which is superior to the landscaping that would result from application of required standards.

2. If the Planning Commission grants a modification under this section, it shall make specific findings justifying the modification.

(Prior Code, § 29.13.060) (Ord. 09-03, passed 2-19-2009)

§ 156.141 SPECIAL PROVISIONS.

(D) Properties located within the 1100 South Corridor, West Forest Street and Historic Downtown areas of the community are subject to established design guidelines.

(Prior Code, § 29.13.070) (Ord. 09-03, passed 2-19-2009)

§ 156.142 USES NOT LISTED.

(Prior Code, § 29.13.080) (Ord. 09-03, passed 2-19-2009)

Brigham City City Zoning Code

COMMERCIAL DISTRICTS

§ 156.135 PURPOSE.

(Prior Code, § 29.13.010) (Ord. 09-03, passed 2-19-2009)

§ 156.136 CODES AND SYMBOLS.

	GC	CBD
Accessory uses/buildings and temporary buildings
Accessory uses and buildings customarily incidental to the permitted uses	P	P
Accessory uses and buildings customarily incidental to the conditional uses	C	C
Temporary buildings for uses incidental to construction work, including living quarters for a guard or night watchman, which buildings must be removed upon completion or abandonment of the construction work	C	C
Automobile sales and services
Automobile fuel or service station	P	N
Automobile dealership, new or used; the parcel or lot shall be a minimum of 1 acre in size with a minimum street frontage of 100 feet. Incidental service and repair are to be conducted within an enclosed building	P	N
Automobile lube and oil center	P	N
Automobile parts, new or reconditioned stored parts and business conducted within enclosed building	P	N
Automobile service and repair; provided, all work and storage is conducted within a completely enclosed building	P	N
Car wash; automatic or manual; provided property not adjacent to residential dwelling property line	P	N
Motorcycle or scooter sales, new or used; display within the public right-of-way is prohibited. Motorcycle or scooter sales located in the Central Business District (CBD) shall be within an enclosed building. Outside storage, display or on-site servicing is prohibited in the CBD	P	C
Parking lot incidental to a use conducted on the premises	P	P
Parking lot not incidental to a use conducted on the premises	P	P
Cannabis production establishment (see § 156.345 of this chapter)	N	N
Dwellings and other living quarters
Accessory dwelling unit (subject to standards in §§ 156.335 through 156.360 of this chapter)	P	P
Assisted living facility	P	N
Bed and breakfast (see §§ 156.335 through 156.360 of this chapter)	C	C
Beekeeping (subject to regulations outlined in Chapter 90 in this code of ordinances)	P	N
Boarding house	N	N
Dwellings existing only, no new or conversion to a greater number of residential units. Any permitted modifications shall comply with the R-M-7 Zone standards	P	P
Exceptions (R-M-7 standards apply):
Existing dwelling(s) may be replaced with a new dwelling of the same or lesser classification (i.e., single-family, two-family, three-family and the like)
New dwelling(s) may be allowed on parcels fronting 100 East or 100 West Streets between 100 North and 900 North Streets and between 300 South and 700 South Streets
This exception also includes parcels fronting side streets (i.e., 600 North, 400 South and the like) between 100 East Street and Main Street and 100 West Street and Main Street. A corner lot with a side yard fronting Main Street is not considered an exception to this provision
Any dwelling structure may not extend beyond the center of the block unless it is a parcel fronting a side street. Where a property line extends beyond the center of the block toward Main Street, the rear yard setback shall be from the center of the block
Homeless shelter	N	N
Hotel; motels	P	P
Multiple-family dwellings, part of a commercial development; dwellings may be stand alone, not connected to or part of a commercial building, as long as it is integrated into the overall project, subject to:	C	C
Project area at least 40 acres
Development agreement to establish landscaping, architectural and usable recreation area standards
A maximum of 30% residential development within project area
R-M-30 Zone standards
At least 50% of the residential units shall be recorded and constructed in a manner to allow for home ownership
Nursing home	P	N
Protective housing facility	P	N
Recreational coach park within one-half mile (2,640 feet) of an interstate (subject to §§ 156.675 through 156.680 of this chapter)	P	N
Residential facility for elderly persons	P	P
Residential facility for persons with a disability	P	P
Single- or multiple-family dwellings located in the same building and located above, behind or beneath a principal commercial use	C	C
Transitional housing facility	C	N
Vacation rental (see §§ 156.335 through 156.360 of this chapter)	C	C
Medical cannabis pharmacy (see § 156.345 of this chapter)	P	P
Public and quasi-public
Church; religious institution	P	C
College, private or public	C	C
Educational institution	C	C
Essential service facilities	C	C
Parks	P	P
Golf courses; swimming pools and other recreation areas	P	N
Public buildings	P	P
Public utility installations	P	C
School, charter	P	C
School, private	C	C
School, public	P	C
School, trade or vocational	C	C
University, private or public	C	C
Recreation and entertainment
Art gallery; art museum	P	P
Archery shop and/or range, conducted within enclosed building	P	P
Athletic club; health club; spa fitness center; sports courts; windows facing Main Street within CBD are not allowed to be blocked out with opaque covering	P	P
Bicycle shop	P	P
Bowling alley	P	N
Dance studio	P	N
Gymnasium	P	N
Martial arts studio; karate studio; windows facing Main Street within CBD are not allowed to be blocked out with opaque covering	P	P
Miniature golf course	P	N
Recreation center	P	P
Sexually-oriented business (see Chapter 118 of this code of ordinances)	N	N
Social club; billiards or pool hall	C	C
Swimming pool	P	N
Skating rink	P	C
Theater, indoor	P	P
Sales and related services
Appliance and furniture store	P	P
Art shop and/or art supply	P	P
Bakery; candy making; confectionery; nut shop	P	P
Beer retailer, as defined by Utah Code	P	P
Bookstore	P	P
Building material/hardware sales conducted within enclosed building	P	N
Catering establishment	P	P
Clothing store	P	P
Copy center; printing; publishing	P	P
Delicatessen	P	P
Department store	P	P
Fast food establishment with drive-in or drive-up window	P	P
Fast food establishment without drive-in or drive-up window	P	P
Florist shop	P	P
Greenhouse; nursery; plant materials	P	N
Grocery store; health food store	P	P
Gunsmith	P	P
Home improvement and garden store	P	N
Mail service; private postal service	P	P
Monument sales with outside display of product; primary retail use that includes incidental activities relating to engraving of natural stone, cultured stone, glass and wood, and casting of memorial foundations. All work and equipment must be enclosed in a building. The retail use must be at least 50% of the property	P	N
Music and/or movie store	P	P
Office supply; office machines, sales and repair	P	P
Pawn shop	P	N
Pet shop; pet grooming	P	N
Pharmacy; drugstore	P	P
Photographer or photography shop	P	P
Price-point retail establishment	P	N
Repair services (e.g., appliances, heating and air conditioning, plumbing)	P	N
Restaurant; café; microbrewery; eating establishment with or without on premises alcohol consumption sales	P	P
Secondhand or thrift store conducted within enclosed building	P	P
Seed and/or feed store conducted within enclosed building, no outside bins	P	N
Shopping center containing only permitted uses	P	N
Specialty retail stores (e.g., gift, hobby, craft, jewelry, interior decorating, antiques)	P	P
Sporting goods store	P	P
State liquor store	P	P
Tire store, sales and repair conducted within an enclosed building and no outside storage	P	N
Woodworking shop; manufacturing, compounding, assembling and woodworking of articles in a small totally enclosed woodworking shop, not to exceed 2,000 sq. ft. in size, and limited to the north end of Main Street between 600 North and 900 North. All work is to be conducted within the enclosed woodworking shop. No outside storage of equipment, materials or product. The shop shall be constructed or insulated in a manner to reduce noise	P	N
Service activities
Animal hospital, small animals only; provided, all animals are maintained and kept within enclosed building	P	N
Body art facility	P	P
Business or financial services	P	P
Clinic, dental or medical	P	P
Crisis nursery	C	C
Day care center	C	N
Depository institution (e.g., bank, credit union)	P	P
Hospital	P	N
Key and lock service	P	N
Laboratories, dental or medical	P	P
Laundry cleaning, automatic self-help (laundromat)	P	P
Laundry cleaning, drop-off off-site drying cleaning and/or pressing	P	P
Laundry cleaning, drop off on-site dry cleaning and/or pressing	P	N
Mortuary; funeral home	P	N
Non-depository institution	P	N
Office, business or professional	P	P
Personal services (e.g., barber and beauty shop, tanning salon, tailor shop, shoe repair)	P	P
Physical therapy; sports therapy; message therapy	P	P
Reception center; social hall	P	P
Rehabilitation/treatment facility	C	N
Rental shops, no outside display or storage	P	P
Rental equipment, including moving equipment and vehicles, excluding truck-tractor or semi-trailer	P	N
Surgical center	P	N
Tattoo establishment, including body art, body piercing, scarification and branding	N	N
Taxidermist	P	N
Travel bureau	P	P
Transportation
Bus stops	P	P
Freight transportation service	N	N
Park and ride facilities	P	N
Taxi hub	N	N
Taxi service	P	P
Towing service	N	N
Transfer company	N	N
Truck stop and service facilities within 1,000 feet of an interstate interchange	P	N

§ 156.137 AREA, WIDTH, FRONTAGE, YARD AND COVERAGE REGULATIONS.

(A) The area, width, frontage and yard standards shall be regulated by design review or by planned unit development approval, except the following:

(1) Commercial buildings adjacent to any residential district boundary or an existing residential use shall have the following setbacks (see following figure):

(a) Fifteen feet from a side or rear property line; and

(b) Twenty feet from the front property line or property line along a street.

(2) The minimum setback for commercial buildings within the General Commercial District along West Forest Street shall be 30 feet.

(4) Building size, height, location and orientation within the Central Business District shall be in harmony with the Historic Downtown Guidelines.

(B) The maximum building or structure coverage of a lot or parcel shall be 50%, unless otherwise permitted by planned unit development approval.

(Prior Code, § 29.13.030) (Ord. 09-03, passed 2-19-2009; Ord. 14-06, passed 5-1-2014; Ord. 15-04, passed 3-29-2015)

§ 156.138 HEIGHT REGULATIONS.

(A) The maximum height for all buildings and structures shall be 75 feet or seven stories.

(B) No building which is accessory to a one-family, two-family, three-family or multi-family dwelling shall be erected to a height greater than one story or 20 feet.

(Prior Code, § 29.13.040) (Ord. 09-03, passed 2-19-2009)

§ 156.139 PROTECTION OF RESIDENTIAL PROPERTY.

(Prior Code, § 29.13.050) (Ord. 09-03, passed 2-19-2009)

§ 156.140 LANDSCAPING.

(B) The following characteristics will need to be addressed in the design of each commercial project:

(1) (a) Landscaped areas should generally incorporate planting utilizing a three tiered system:

1. Grasses and ground cover;

2. Shrubs and vines; and

3. Trees.

(b) Landscape design and construction should emphasize drought tolerant landscaping where possible.

(3) All required landscaping must be properly maintained.

(5) Planting areas will be protected from vehicular and pedestrian encroachment by raised planting surfaces, bumper guards or the use of curbs.

(7) Vines and climbing plants integrated upon buildings, trellises and perimeter walls are not only attractive, but also help discourage graffiti and are encouraged in appropriate areas.

(8) Existing mature trees, riparian corridors and view sheds should be preserved and incorporated into the project landscaping.

(9) Storm drainage facilities should be incorporated into the landscape design and appear to be a part of the overall project.

b. The proposed modification constitutes an innovative landscaping design which is superior to the landscaping that would result from application of required standards.

2. If the Planning Commission grants a modification under this section, it shall make specific findings justifying the modification.

(Prior Code, § 29.13.060) (Ord. 09-03, passed 2-19-2009)

§ 156.141 SPECIAL PROVISIONS.

(D) Properties located within the 1100 South Corridor, West Forest Street and Historic Downtown areas of the community are subject to established design guidelines.

(Prior Code, § 29.13.070) (Ord. 09-03, passed 2-19-2009)

§ 156.142 USES NOT LISTED.

(Prior Code, § 29.13.080) (Ord. 09-03, passed 2-19-2009)