The C-1 commercial zone is established to provide areas for general office and service uses, mixed with light retail uses. C-1 commercial zones would generally be most appropriate in areas close to general commercial uses, near hospitals and near other business areas. This zone is intended to provide availability of professional and personal services conveniently to all neighborhoods in the community, as well as for the region. (Ord. 2009-36, 11-24-2009)

The following buildings, structures, and uses of land shall be permitted in the C-1 commercial zone upon compliance with the requirements set forth in this code:

Business services.

Medical clinics.

Offices.

Parks and open space.

Personal services.

Physical therapy facilities.

Restaurants. (Ord. 2009-36, 11-24-2009; amd. Ord. 2011-08, 8-23-2011)

The following buildings, structures, and uses of land shall be allowed in the C-1 commercial zone upon compliance with the requirements set forth in this code and upon obtaining a conditional use permit as specified in chapter 4 of this title:

Behavior, drug, or alcohol treatment facilities.

Churches.

Colleges and universities.

Convalescent facilities.

Daycare facilities.

Hospitals.

Nursing or rest homes.

Assisted living facility.

Preschools, commercial.

Public uses.

Schools.

Specialized schools.

Vocational and technical training facilities. (Ord. 2009-36, 11-24-2009; amd. Ord. 2010-06, 1-26-2010; Ord. 2011-08, 8-23-2011; Ord. 2014-16, 7-8-2014; Ord. 2021-09, 6-22-2021)

   A.   Lot Width: The minimum lot width, as measured at the front setback line, shall be thirty five feet (35').

   B.   Lot Width, Corner Lots: Each corner lot shall have a minimum lot width, as measured at the front setback line, of forty five feet (45'). (Ord. 2009-36, 11-24-2009)

   A.   Front Yard: The minimum front yard setback for all buildings shall be ten feet (10').

   B.   Side Yard: None, except where the side of the lot or parcel side or rear lot line is immediately adjacent to a residential zone, a side yard of equal width to that required for the widest side yard in the adjoining residential zone shall be provided on the side adjacent to the residential zone. A side yard may not be required for lots or parcels if the residential zone is used for city parks, school grounds or church.

   C.   Side Yard, Corner Lots: The minimum side yard for all buildings on corner lots shall be ten feet (10') on the side adjacent to a street.

   D.   Rear Yard: None required, except where the rear of the lot or parcel is immediately adjacent to a residential zone, a rear yard of equal width to that required for the rear yard in the adjoining residential zone shall be provided. Access must also be provided. A rear yard may not be required for lots or parcels if the residential zone is used for city parks, school grounds or churches.

   E.   Accessory Buildings: No accessory building shall be located in the required front yard area. The minimum distance between accessory buildings and main building, or other accessory buildings, shall be six feet (6') at the closest points. Accessory buildings shall be located at least two feet (2') away from any side or rear property line. (Ord. 2009-36, 11-24-2009)

No main building shall be erected to a height greater than thirty five feet (35') without first obtaining a conditional use permit in accordance with the provisions of chapter 4 of this title. All new structures exceeding two (2) stories in height shall be served with elevators or escalators, in addition to the stairways otherwise required by law. No accessory building shall exceed twenty feet (20') in height or the maximum height of the main building, whichever is lower. (Ord. 2010-10, 6-22-2010)

The minimum distance between main buildings on the same lot or parcel shall be twenty feet (20'). (Ord. 2009-36, 11-24-2009)

Lot coverage by all buildings, including main and accessory buildings, shall be not more than sixty percent (60%) of the total lot or parcel area. (Ord. 2009-36, 11-24-2009)

See chapter 14 of this title. (Ord. 2009-36, 11-24-2009)

See chapter 15 of this title. (Ord. 2009-36, 11-24-2009)

   A.   Site Plan Approval: Site plan approval shall be required for all new buildings and changes of use in existing buildings in the C-1 commercial zone, in accordance with the provisions of chapter 5 of this title.

   B.   Conditional Use Permit: A conditional use permit shall be required for all businesses and uses listed in section 11-11A-3 of this article in accordance with the provisions of chapter 4 of this title.

   C.   Development Agreement: A development agreement may be required for all new development in the C-1 commercial zone. All applications for a rezone, preliminary plat, or site plan approval shall be conditioned upon final approval of the development agreement by the city council. (Ord. 2009-36, 11-24-2009)

   A.   Landscaping And Open Space: A minimum of ten percent (10%) of the total lot or parcel area shall be provided as landscaped open space. All landscaping shall comply with the provisions of chapter 21 of this title.

   B.   Garbage Dumpsters: Garbage dumpsters shall be completely screened when adjacent to a residentially zoned parcel, or in any location where they can be viewed from a public right of way.

   C.   Walls And Fences: Walls or fences may be required along all property lines which are adjacent to a residential zone or use or public right of way. The exact location, height and type of materials of the wall or fence shall be approved by the planning commission as part of the site plan approval process.

   D.   Exterior Building Materials:

      1.   Non-Permitted exterior building materials for main buildings are vinyl siding, aluminum siding, fiber cement panels, unfinished poured concrete, rusted metal, and sheet metal.

      2.   Accessory buildings shall be built with a finished, all weather exterior material. Detached garages and carports shall be finished to match the exterior of the main building.

      3.   Any front building elevation or elevation facing a street or right of way shall include at least one (1) of the following: brick, stone, or rock.

   E.   Footings And Foundation Required: All main buildings shall be constructed on a permanent footing and foundation.

   F.   Restrictions: No area needed to meet the lot width, frontage, area, setback or other requirements of this article may be divided, sold, or leased separate from such lot or building.

   G.   Design Standards: All new site development or construction in the C-1 commercial zone shall incorporate the appropriate design standards described in chapter 18 of this title. (Ord. 2009-36, 11-24-2009; amd. Ord. 2022-06, 2-22-2022; Ord. 2024-17, 10-18-2024)

The C-2 commercial zone is established to provide areas for general commercial and business activities in appropriate locations within the city. This zone is established to encourage attractiveness and to assure safe, convenient and efficient access to and from the public street system. To ensure a safe, healthful and pleasing commercial area, certain heavy commercial and service uses are allowed only upon conditional use review. (Ord. 2009-37, 11-24-2009)

The following buildings, structures, and uses of land shall be permitted in the C-2 commercial zone upon compliance with the requirements set forth in this code:

   Business services.

   Fireworks stands.

   Hotels.

   Medical clinics.

   Mobile food vendors.

   Motor vehicle sales.

   Offices.

   Parks and open space.

   Personal services.

   Pet grooming facilities.

   Physical therapy facilities.

   Restaurants.

   Retail stores.

   Retail tobacco specialty business.

   Temporary or seasonal merchants.

   Theaters.

If any use permitted by this section is classified by the currently adopted building codes as an “H occupancy” (hazardous), it shall become a conditional use, subject to the requirements of chapter 4 of this title. (Ord. 2009-37, 11-24-2009; amd. Ord. 2010-06, 1-26-2010; Ord. 2010-10, 6-22-2010; Ord. 2011-08, 8-23-2011; Ord. 2012-03, 6-12-2012, eff. 7-1-2012; Ord. 2020-06, 2-25-2020)

The following buildings, structures, and uses of land shall be allowed in the C-2 commercial zone upon compliance with the requirements set forth in this code and upon obtaining a conditional use permit as specified in chapter 4 of this title:

   Amusement and recreation facilities.

   Auditoriums.

   Automobile repair.

   Behavior, drug, or alcohol treatment facilities.

   Churches.

   Colleges and universities.

   Convenience stores.

   Daycare facilities.

   Distribution, limited (subject to supplementary regulations in chapter 13 of this title and design standards in chapter 18 of this title).

   Manufacturing, light (subject to supplementary regulations in chapter 13 of this title and design standards in chapter 18 of this title).

   Nondepository lending establishments.

   Off highway vehicle sales.

   Pawn and secondhand businesses.

   Preschools, commercial.

   Public uses.

   Schools.

   Specialized schools.

   Taverns.

   Taxidermists.

   Veterinary services.

   Vocational and technical training facilities. (Ord. 2009-37, 11-24-2009; amd. Ord. 2010-06, 1-26-2010; Ord. 2011-08, 8-23-2011; Ord. 2014-09, 4-22-2014; Ord. 2014-16, 7-8-2014; Ord. 2015-01, 2-24-2015; Ord. 2020-06, 2-25-2020)

   A.   Lot Width: The minimum lot width, as measured at the front setback line, shall be thirty five feet (35').

   B.   Lot Width, Corner Lots: Each corner lot shall have a minimum lot width, as measured at the front setback line, of forty five feet (45'). (Ord. 2009-37, 11-24-2009)

   A.   Front Yard: The minimum front yard setback for all buildings shall be five feet (5').

   B.   Side Yard: None, except where the side lot line or side parcel line is immediately adjacent to a residential zone, a side yard of equal width to that required for the widest side yard in the adjoining residential zone shall be provided on the side adjacent to the residential zone. A side yard may not be required for lots or parcels if the residential zone is used for city parks, school grounds or churches.

   C.   Side Yard, Corner Lots: The minimum side yard for all buildings on corner lots shall be ten feet (10') on the side adjacent to a street.

   D.   Rear Yard: None required, except where the rear of the lot or parcel is immediately adjacent to a residential zone, a rear yard of equal width to that required for the rear yard in the adjoining residential zone shall be provided. Access must also be provided. A rear yard may not be required for lots or parcels if the residential zone is used for city parks, school grounds or churches.

   E.   Accessory Buildings: No accessory building shall be located in the required front yard area. The minimum distance between accessory buildings and main building, or other accessory buildings, shall be six feet (6') at the closest points. Accessory buildings shall be located at least two feet (2') away from any side or rear property line. (Ord. 2009-37, 11-24-2009)

No main building shall be erected to a height greater than thirty five feet (35') without first obtaining a conditional use permit in accordance with the provisions of chapter 4 of this title. All new structures exceeding two (2) stories in height shall be served with elevators or escalators in addition to the stairways otherwise required by law. No accessory building shall exceed twenty feet (20') in height or the maximum height of the main building, whichever is lower. (Ord. 2009-37, 11-24-2009)

The minimum distance between buildings shall meet the requirements of the currently adopted building code. (Ord. 2010-10, 6-22-2010)

No requirement, except as may be dictated by yard requirements, landscaping requirements and compliance with off street parking provisions. (Ord. 2009-37, 11-24-2009)

See chapter 14 of this title. (Ord. 2009-37, 11-24-2009)

See chapter 15 of this title. (Ord. 2009-37, 11-24-2009)

   A.   Site Plan: Site plan approval shall be required for all new buildings and changes of use in existing buildings in the C-2 commercial zone in accordance with the provisions of chapter 5 of this title.

   B.   Conditional Use Permit: A conditional use permit shall be required for all businesses and uses listed in section 11-11B-3 of this article in accordance with the provisions of chapter 4 of this title.

   C.   Development Agreement: A development agreement may be required for all new development in the C-2 commercial zone. All applications for a rezone, preliminary plat, or site plan approval shall be conditioned upon final approval of the development agreement by the city council. (Ord. 2009-37, 11-24-2009)

   A.   Landscaping And Open Space: A minimum of ten percent (10%) of the total lot or parcel area shall be provided as landscaped open space. All landscaping shall comply with the provisions of chapter 21 of this title.

   B.   Garbage Dumpsters: Garbage dumpsters shall be completely screened when adjacent to a residentially zoned parcel, or in any location where they can be viewed from a public right of way.

   C.   Walls And Fences: Walls or fences may be required along all property lines which are adjacent to a residential zone or use or public right of way. The exact location, height and type of materials of the wall or fence shall be approved by the planning commission as part of the site plan approval process.

   D.   Exterior Building Materials:

      1.   Non-Permitted exterior building materials for main buildings are vinyl siding, aluminum siding, fiber cement panels, unfinished poured concrete, rusted metal, and sheet metal.

      2.   Accessory buildings shall be built with a finished, all weather exterior material. Detached garages and carports shall be finished to match the exterior of the main building.

      3.   Any front building elevation or elevation facing a street or right of way shall include at least one (1) of the following: brick, stone, or rock.

   E.   Footings And Foundation Required: All main buildings shall be constructed on a permanent footing and foundation.

   F.   Restrictions: No area needed to meet the lot width, frontage, area, setback or other requirements of this article may be divided, sold, or leased separate from such lot or building.

   G.   Design Standards: All new site development or construction in the C-2 commercial zone shall incorporate the appropriate design standards described in chapter 18 of this title. (Ord. 2009-37, 11-24-2009; amd. Ord. 2022-06, 2-22-2022; Ord. 2024-17, 10-18-2024)

Motor vehicle sales is a permitted use in the C-2 commercial zones as designated in this title and is not allowed in any other zone within the city. Applications for motor vehicle sales shall be submitted and reviewed as a permitted use in accordance with section 11-11B-2 of this code.

   A.   Purposes: The purposes of this section and any rules, regulations, standards and specifications adopted pursuant hereto are to:

      1.   Minimize Impact: Accommodate such motor vehicle sales with minimal impact in C-2 commercial zones in terms of compatible infill, scale, design and appearance of buildings.

      2.   Terms And Conditions: Set forth standardized terms and conditions for motor vehicle sales establishments and procedures for review and approval of the same.

   B.   Standards: The following standards and conditions shall apply to motor vehicle sales establishments:

      1.   Approval: No motor vehicle sales establishment shall be developed, erected, constructed, reconstructed, installed, altered, licensed, or relocated without review and approval by the Clearfield city community development department.

      2.   Minimum Size: The development, erection, construction, reconstruction, installation, alteration, licensing, or relocation of any motor vehicle sales establishment shall be operated and maintained on a parcel that is not less than one (1) acre in size and must be completely contained within a single parcel of land and shall only be used for the purpose of motor vehicle sales.

      3.   Permanent Structures: All buildings constructed for the purpose of motor vehicle sales, storage, repair, or other motor vehicle sales related purposes shall be of permanent construction without a chassis, hitch, or wheels, or other features that would make the structure mobile.

      4.   On-Site Office: A permanent on-site office is required.

      5.   Architectural Detail: The following architectural requirements shall apply to motor vehicle sales establishments, and is intended to create motor vehicle sales buildings with finished and detailed elevations for all exposures with human scale and interest through the use of varied forms, materials, details, and colors.

         a.   Street Frontage Facade: No rectangular area greater than thirty percent (30%) of any story of a street facing facade, as measured from floor to floor, may be windowless. No horizontal segment of any story of a street facing facade may be windowless in an area greater than fifteen feet (15') in width.

         b.   Rooflines May Be Flat Or Pitched: Roofing shall not be of vivid primary colors (i.e., red, blue or yellow). Rooftop equipment shall be screened by roof components, parapets, cornices or other architectural features. Galvanized hoods and vents shall be painted to match the roof color.

      6.   Fencing:

         a.   A six foot (6') fence must be installed on all property lines adjacent to residential zones or uses.

         b.   Fencing shall be stamped masonry, wrought iron or a mixture of both.

         c.   Vinyl and chain-link fencing is expressly prohibited.

      7.   Landscaping Requirement:

         a.   Landscaped area shall be provided in the high traffic and areas visible from the public right-of-way adjacent to any motor vehicle sales establishment, as well as covering large and long exterior walls.

         b.   A landscaped buffer of no less than five feet (5') shall be provided between the street which faces a right-of-way and the property line, as depicted on the plats of record at the Davis County recorder's office. The five feet (5') shall be created and installed at the business owner's expense. The five feet (5') required parking/display areas shall count towards the ten percent (10%) landscape requirement. The buffer must consist of native materials and shall not be placed on top of any existing non-permeable surface.

      8.   Signage: See chapter 15 of this tittle

      9.   Parking, Inventory Storage, And Delivery:

         a.   No motor vehicle may be displayed outside within five feet (5') of the primary street right-of-way.

         b.   Off-street parking must be provided for customers and employees (not to be used for inventory) at a ratio of one (1) stall per two hundred fifty (250) square feet of indoor office/sales area and one (1) stall for every ten (10) inventory vehicles (all fractions are rounded up to the next whole stall), with a minimum of four (4) stalls provided.

         c.   Parking for customers, employees, and inventory must be on non-permeable surfaces, such as pavement, asphalt, pavers, or combination thereof and striped and marked with signage and cannot block entrance/exit.

         d.   ADA parking stalls shall be provided in compliance with or better than the standards detailed in the Utah State Accessibility Code and ADA standards, including quantity, size, location, and accessibility.

         e.   Loading/delivery of inventory shall occur on the property, not on public streets; vehicles are not permitted to back directly onto, or from, public streets.

         f.   Inventory storage, customer parking, and employee parking cannot be double parked.

      10.   Lighting: For all motor vehicle sales uses, lighting plans shall be required which illustrate the type and location of lighting proposed for structures, walkways and parking lots. Lighting shall be designed, located and directed so as to eliminate glare and minimize reflection of light into neighboring properties. With the exception of security lights, lighting for the motor vehicle sales lot shall not occur past ten o'clock (10:00) P.M.

      11.   Maintenance: The property must be maintained and kept clean. This includes sweeping and maintaining the asphalt, keeping the property and establishment free of debris, trash and weeds, etc.

   C.   Rules And Regulations:

      1.   Compliance With Zoning Regulations: Each motor vehicle sales license shall comply with the applicable zoning requirements set forth in title 11 of this code, or the license is subject to denial. (Ord. 2020-06, 2-25-2020)

The purpose of the C-R commercial residential zone is to provide for and encourage a mixture of high quality, compatible commercial and residential uses in certain areas of the city. (Ord. 2009-38, 11-24-2009)

The following buildings, structures, and uses of land shall be permitted in the C-R commercial residential zone upon compliance with the requirements set forth in this code:

   A.   In the commercial portions of the property:

Business services.

Hotels.

Offices.

Parks and open space.

Personal services.

Restaurants.

Retail stores.

Theaters.

   B.   In the residential portions of the property:

None. (Ord. 2009-38, 11-24-2009)

The following buildings, structures, and uses of land shall be allowed in the C-R commercial residential zone upon compliance with the requirements set forth in this code and upon obtaining a conditional use permit as specified in chapter 4 of this title: (Ord. 2009-38, 11-24-2009)

   A.   In the commercial portion of the property:

Amusement and recreation facilities.

Auditoriums.

Medical clinics.

Mobile food vendors.

Physical therapy facilities.

Preschools, commercial.

Public uses. (Ord. 2009-38, 11-24-2009; amd. Ord. 2010-06, 1-26-2010; Ord. 2011-08, 8-23-2011; Ord. 2014-16, 7-8-2014)

   B.   In the residential portions of the property:

Multiple-family dwellings. (Ord. 2009-38, 11-24-2009)

See section 11-11C-11 of this article. (Ord. 2009-38, 11-24-2009)

See section 11-11C-11 of this article. (Ord. 2009-38, 11-24-2009)

The distance between buildings shall be determined by the current building code. (Ord. 2009-38, 11-24-2009)

A minimum of twenty percent (20%) of the total finished floor area of all development in the C-R commercial residential zone shall be dedicated to commercial uses. The density for the residential portions of the development shall be up to ten (10) dwelling units per acre. Up to twenty (20) dwelling units per acre may be allowed when the total percentage of the finished floor area dedicated to commercial uses is equal to or greater than thirty percent (30%). Up to thirty (30) dwelling units per acre may be allowed when the total percentage of the finished floor area dedicated to commercial uses is equal to or greater than forty percent (40%). Additional densities above thirty (30) dwelling units per acre may be considered for projects with a commercial floor area percentage that exceeds fifty percent (50%) of the total finished floor area. The exact density shall be determined by the city through the development agreement. (Ord. 2009-38, 11-24-2009)

See section 11-11C-11 of this article. (Ord. 2009-38, 11-24-2009)

See chapter 14 of this title. When a building contains both commercial and residential occupancies, the parking requirements may be combined. (Ord. 2009-38, 11-24-2009)

See chapter 15 of this title. (Ord. 2009-38, 11-24-2009)

   A.   Site Plan: Development in the C-R commercial residential zone shall require approval of a site plan in accordance with chapter 5 of this title. The site plan process shall be used to determine density, minimum area, frontage, lot width, setback, lot coverage, height, landscaping, fencing, exterior building material, floor area, and other applicable regulations.

   B.   Conditional Use Permit: A conditional use permit shall be required for all uses listed in the conditional use section of this article, in accordance with the provisions of chapter 4 of this title.

   C.   Development Agreement: A development agreement may be required for all new development in the C-R commercial residential zone. All applications for a rezone, preliminary plat, or site plan approval shall be conditioned upon final approval of the development agreement by the city council. (Ord. 2009-38, 11-24-2009)

   A.   Landscaping And Open Space: A minimum of ten percent (10%) of the total lot or parcel area shall be provided as landscaped open space. All landscaping shall comply with the provisions of chapter 21 of this title.

   B.   Garbage Dumpsters: Garbage dumpsters shall be completely screened when adjacent to a residentially zoned parcel, or in any location where they can be viewed from a public right of way.

   C.   Walls And Fences: Walls or fences may be required along all property lines which are adjacent to a residential zone or use or public right of way. The exact location, height and type of materials of the wall or fence shall be approved by the planning commission as part of the site plan approval process.

   D.   Development Timing: The commercial portion of each phase of development shall be completed prior to the development of the residential portion.

   E.   Footings And Foundation Required: All main buildings shall be constructed on a permanent footing and foundation.

   F.   Restrictions: No area needed to meet the lot width, frontage, area, setback or other requirements of this article may be divided, sold, or leased separate from such lot or building.

   G.   Design Standards: All new site development or construction in the C-R commercial residential zone shall incorporate the appropriate design standards described in chapter 18 of this title. (Ord. 2009-38, 11-24-2009; amd. Ord. 2022-06, 2-22-2022)

The M-1 manufacturing zone is established to provide areas in the city where processing, assembling, manufacturing, warehousing and storage activities may take place, and for incidental service facilities to serve the manufacturing area. This zone is intended to encourage sound development subject to regulations necessary to assure the orderly growth of the city and to protect the residential and commercial land uses from noise and other disturbances. Limited retail and services are also provided for to take advantage of existing traffic corridors, while at the same time not introducing uses which cater to the general public and which create conflicts when mixed with manufacturing uses. (Ord. 2009-39, 11-24-2009)

   A.   The following buildings, structures, and uses of land shall be permitted in the M-1 manufacturing zone upon compliance with the requirements set forth in this code:

Automobile repair.

Business services.

Laboratories.

Manufacturing.

Medical clinics.

Mobile food vendors.

Offices.

Parks and open space.

Personal services.

Pet grooming facilities.

Physical therapy facilities.

Public uses.

Restaurants.

Retail stores.

Warehouses.

   B.   The following buildings, structures, and uses of land shall be allowed in the M-1 manufacturing zone upon compliance with the requirements set forth in this code and upon obtaining a conditional use permit as specified in chapter 4 of this title:

Daycare facilities.

Greenhouses.

Landscape supply yards.

Sexually oriented businesses.

Tattoo or body piercing establishment.

Vocational and technical training facilities.

   C.   Uses which create traffic hazards, excessive noise, dust, fumes, odors, smoke, vapor, vibration or industrial waste disposal problems for adjacent residential uses shall not be permitted. (Ord. 2015-19, 12-8-2015)

   A.   Lot Size: The minimum lot size shall be seven thousand (7,000) square feet.

   B.   Lot Width: The minimum lot width, as measured at the front setback line, shall be fifty feet (50').

   C.   Lot Width, Corner Lots: Each corner lot shall have a minimum lot width, as measured at the front setback line, of sixty feet (60'). (Ord. 2009-39, 11-24-2009)

   A.   Front Yard: The minimum front yard setback for all buildings shall be ten feet (10').

   B.   Side Yard: No minimum, except where the lot or parcel side lot line is immediately adjacent to a residential zone, a side yard of twenty five feet (25') shall be required on the side adjacent to the residential zone.

   C.   Side Yard, Corner Lots: The minimum side yard for all buildings on corner lots shall be ten feet (10') on the side adjacent to a street.

   D.   Rear Yard: No minimum, except where the lot or parcel rear lot line is immediately adjacent to a residential zone, a rear yard of twenty five feet (25') shall be required.

   E.   Accessory Buildings: No accessory building shall be located in the required front yard area. The minimum distance between accessory buildings and main building, or other accessory buildings, shall be six feet (6') at the closest points. Accessory buildings shall be located at least two feet (2') away from any side or rear property line. (Ord. 2009-39, 11-24-2009)

No main building shall be erected to a height greater than forty five feet (45'). All new structures exceeding two (2) stories in height shall be served with elevators or escalators, in addition to the stairways otherwise required by law. No accessory building shall exceed twenty five feet (25') in height. (Ord. 2010-10, 6-22-2010)

The minimum distance between buildings shall meet the requirements of the currently adopted building code. (Ord. 2009-39, 11-24-2009)

No requirement, except as may be dictated by the requirements of the currently adopted building code, yard requirements, landscaping requirements and compliance with off street parking provisions. (Ord. 2009-39, 11-24-2009)

See chapter 14 of this title. (Ord. 2009-39, 11-24-2009)

See chapter 15 of this title. (Ord. 2009-39, 11-24-2009)

Site plan approval shall be required for all new buildings and changes of use in existing buildings in accordance with the provisions of chapter 5 of this title. (Ord. 2009-39, 11-24-2009)

   A.   Landscaping And Open Space: A minimum of five percent (5%) of the total lot or parcel area shall be provided as landscaped open space. All yard areas between a street frontage and buildings, parking areas, or storage areas which are not used for vehicular or pedestrian access shall be landscaped with a minimum buffer landscaping depth of ten feet (10'). All landscaping shall comply with the provisions of chapter 21 of this title.

   B.   Outdoor Storage: All outdoor storage shall comply with the regulations of chapter 13 of this title.

   C.   Walls And Fences: Walls or fences may be required along all property lines which are adjacent to a residential zone or use or public right of way. The exact location, height and type of materials of the wall or fence shall be approved by the planning commission as part of the site plan approval process.

   D.   Garbage Dumpsters: Garbage dumpsters shall be completely screened when adjacent to a residentially zoned parcel, or in any location where they can be viewed from a public right of way.

   E.   Sexually Oriented Businesses: Sexually oriented businesses shall comply with the requirements of chapter 13 of this title.

   F.   Footings And Foundation Required: All main buildings shall be constructed on a permanent footing and foundation.

   G.   Restrictions: No area needed to meet the lot width, frontage, area, setback or other requirements of this article may be divided, sold, or leased separate from such lot or building.

   H.   Design Standards: All new site development or construction in the M-1 manufacturing zone shall incorporate the appropriate design standards described in chapter 18 of this title.

   I.   Development Agreement: A development agreement may be required for all new development in the M-1 manufacturing zone. All applications for a rezone, preliminary plat, or site plan approval shall be conditioned upon final approval of the development agreement by the city council. (Ord. 2009-39, 11-24-2009; amd. Ord. 2020-09, 3-10-2020; Ord. 2021-11, 7-27-2021; Ord. 2022-06, 2-22-2022)

The purpose of the D-R downtown redevelopment zone is to provide for attractive, vibrant, and safe urban development or redevelopment along major commercial/transportation corridors and downtown areas in the city; to encourage the development of vacant or underutilized parcels of land; and to encourage the replacement, renovation, or rehabilitation of dilapidated or decaying structures. (Ord. 2014-28, 11-25-2014)

The following buildings, structures, and uses of land shall be allowed in the D-R downtown redevelopment zone upon compliance with the requirements set forth in this code:

Auditoriums.

Business services.

Hotels.

Medical clinics.

Offices.

Parks and open space.

Personal services.

Physical therapy facilities.

Restaurants.

Retail stores.

Theaters. (Ord. 2010-11, 6-22-2010; amd. Ord. 2011-08, 8-23-2011)

The following buildings, structures, and uses of land shall be allowed in the D-R downtown redevelopment zone upon compliance with the requirements set forth in this code and upon obtaining a conditional use permit as specified in chapter 4 of this title:

Amusement and recreation facilities.

Daycare facilities.

Multiple-family dwellings, subject to the provisions of section 11-11E-5 of this article.

Preschools, commercial.

Public uses.

Single-family dwellings.

Taverns.

Two-family dwellings. (Ord. 2010-11, 6-22-2010; amd. Ord. 2011-08, 8-23-2011; Ord. 2014-16, 7-8-2014)

   A.   Site Plan: Development in the D-R downtown redevelopment zone shall require approval of a site plan in accordance with chapter 5 of this title. The site plan process shall be used to determine density, minimum area, frontage, lot width, setback, lot coverage, height, landscaping, fencing, exterior building material, floor area, and other applicable regulations.

   B.   Conditional Use Permit: A conditional use permit shall be required for all uses set forth as such in section 11-11E-3 of this article. The permit shall be obtained in accordance with the provisions of chapter 4 of this title. (Ord. 2010-11, 6-22-2010)

   C.   Development Agreement: A development agreement shall be required for all new development in the D-R downtown redevelopment zone. Any approval of an application for a rezone, preliminary plat, or site plan approval shall be conditioned upon final approval of the development agreement by the city council, execution of said agreement by the parties, and the recording of said approved and executed agreement against the subject property. (Ord. 2014-28, 11-25-2014)

   A.   Commercial Use Required: Except as otherwise allowed through a development agreement in order to facilitate projects which, in the city's opinion, will encourage development of underutilized parcels and/or the replacement, renovation, or rehabilitation of dilapidated and decaying structures, the following requirements will apply: 1) residential dwelling units shall not be permitted unless as part of a commercial development; and 2) nonresidential uses are required in the minimum habitable floor depth on the first story of all building frontage along a public street, including SR 126 (State Street and North Main Street), SR-193 (700 South), and SR-108 (1700 South).

   B.   Floor Area: Minimum unit size shall be no less than seven hundred (700) square feet. Average unit size and the number of bedrooms in each unit may be specified in the development agreement. (Ord. 2014-28, 11-25-2014)

The minimum height in the D-R downtown redevelopment zone shall be two (2) stories. The maximum height shall be six (6) stories. The minimum story height shall be ten feet (10'). (Ord. 2010-11, 6-22-2010)

The minimum distance between buildings shall be determined by the current building code. (Ord. 2010-11, 6-22-2010)

   A.   Parking, loading, and access requirements shall be established through the development agreement. Consideration for said requirements should be given to market studies, engineering analysis and other reliable sources as determined by the city. (Ord. 2015-04, 4-14-2015)

   B.   Parking requirements may be combined for buildings with multiple uses or occupancies.

   C.   Except as otherwise permitted through a development agreement, all parking shall be located to the rear or side of a main building. (Ord. 2010-11, 6-22-2010)

Signs in the D-R downtown redevelopment zone shall conform to the regulations set forth in chapter 15 of this title. (Ord. 2010-11, 6-22-2010)

   A.   Landscaping And Open Space: A minimum of ten percent (10%) of the total lot or parcel area shall be provided as landscaped open space. All landscaping shall comply with the provisions of chapter 21 of this title.

   B.   Garbage Dumpsters: Garbage dumpsters shall be completely screened when adjacent to a residentially zoned parcel, or in any location where they can be viewed from a public right of way.

   C.   Walls And Fences: Walls or fences may be required along all property lines which are adjacent to a residential zone or use or public right of way. The exact location, height and type of materials of the wall or fence shall be approved by the planning commission as part of the site plan approval process. Chainlink fencing shall not be permitted in the D-R downtown redevelopment zone.

   D.   Development Timing: Except as otherwise authorized through the development agreement, the commercial portion of each phase of development shall be completed prior to the development of the residential portion.

   E.   Footings And Foundation Required: All main buildings shall be constructed on a permanent footing and foundation.

   F.   Prohibited: No area needed to meet the lot width, frontage, area, setback or other requirements of this article may be divided, sold, or leased separate from such lot or building.

   G.   Design Standards: All new site development or construction in the D-R downtown redevelopment zone shall incorporate the appropriate design standards described in chapter 18 of this title. (Ord. 2010-11, 6-22-2010; amd. Ord. 2022-06, 2-22-2022)

   A.   The mixed use (MU) zoning district is intended to provide a variety of land uses that are purposely combined. Mixed use areas are intended to support a broad range of commercial, office, entertainment, recreational, civic and residential uses within single buildings (vertical mixed use), or within neighborhoods (horizontal mixed use). The mixed use zoning permits nonresidential development (i.e., commercial or employment), or nonresidential and residential development, but it does not permit residential development without a substantial nonresidential component.

   B.   The following objectives are among those sought to be accomplished in the MU zone:

      1.   To assist in the fulfillment of the goals, objectives and policies of the Clearfield City master plan and any amendments thereto.

      2.   To accommodate variations in building design, lot arrangements and land uses that are of high quality.

      3.   To provide for a coordinated and compatibly arranged variety of land uses through innovative site planning.

      4.   To provide a maximum choice in the types of environments for commercial, employment, and residential uses and facilities.

      5.   To encourage an efficient and safe traffic circulation, including the separation of pedestrian from vehicular traffic.

      6.   To encourage economy in the construction and maintenance of streets and utilities.

      7.   To encourage the provision of usable open space.

      8.   To maintain a reasonable quality of living standard and minimize adverse environmental impact on surrounding areas during development. (Ord. 2013-01, 1-8-2013)

The minimum area of an MU zone shall be forty (40) acres. (Ord. 2013-01, 1-8-2013)

MU developments shall be located at transportation nodes and along transportation corridors and other locations where "walkable" components (e.g., housing choices, convenience commercial, employment community facilities, transportation linkages, parks or other open space, schools, churches) are already present, planned, or where the size and scale of development is such that said components can be provided within the project itself. The location of the MU zone shall typically be within a quarter (1/4) mile, or a five (5) minute walking distance, of the elements described above. (Ord. 2013-01, 1-8-2013)

The development shall either be entirely owned by a single legal entity (whether by an individual, partnership or other corporate entity), or under option to purchase by such at the time of the application; otherwise, the application shall be filed jointly by all owners of the property. (Ord. 2013-01, 1-8-2013)

   A.   Master Development Plan (MDP): Each proposed MU zone shall be accompanied by a master development plan ("MDP"), a document prepared by the applicant, which shall incorporate the provisions below and include, at minimum, the following items:

      1.   Project area.

      2.   Land use regulation plan.

      3.   Residential and nonresidential acreage, density, units and square footage.

      4.   Permitted uses and conditional uses.

      5.   Development standards (as described in this article).

      6.   Maximum building heights.

      7.   Circulation and roads (e.g., delineating private and public).

      8.   Architectural controls (i.e., conceptual building elevations and design schemes).

      9.   Parking and loading standards.

      10.   Open and public spaces.

      11.   Phasing plan.

      12.   Sign standards.

   B.   Purpose Of MDP: An MDP is intended to create well designed, pedestrian oriented, economically viable neighborhoods, and achieve the related goals and objectives identified in the city's master plan, particularly for the mixed use land use classification.

   C.   Requirements Of MDP: An MDP should be a graphically oriented development code, clearly describing the required urban and architectural design patterns, while also carefully regulating the uses of the buildings and lots within the project area. An MDP should also specify the allowed residential densities and intensity of the development that may be achieved for the entire project area. It should also describe and regulate the design of the public space network that provides the framework and infrastructure for the specified MU zoned property, focusing on a circulation network that balances the use of all travel modes, including automobiles, pedestrians, bicycles and transit.

   D.   Protection Provisions: In the development of the MDP in the mixed use (MU) zone the following provisions shall be considered in order to protect the intended characteristics of the zone:

      1.   Development Standards: Standards, including the following, but not limited to, area and frontage regulations, yard requirements, height regulations, lot coverage, parking, loading and access shall be established in the zoning amendment process (pursuant to chapter 6 of this title) in conjunction with a submitted and approved MDP.

      2.   Mixture Of Unit Type: The blend or mixture of residential unit type (e.g., condominiums, apartments, twin homes, single-family, unit size, etc.), within a development shall be determined depending upon the size, scale, and location of the project. Housing units shall include a mix of housing types, housing size, and number of bedrooms.

      3.   Traffic: The applicant shall demonstrate that all potential traffic concerns regarding existing intersections, substandard streets, inadequate improvements, and access are mitigated to the city's satisfaction. As determined by the city engineer, a traffic study may be required.

      4.   Surrounding Properties: The applicant shall demonstrate to the satisfaction of the city, that sufficient measures have been incorporated into the development plan to assure that adjacent properties will not experience significant impacts as a result of the proposed development.

      5.   Pedestrian Realm: In order to achieve an overall "walkable" development, appropriate land uses, pedestrian connections, cross easements, common driveways, consistent site standards, etc., must be coordinated within the respective MU zone area, even though properties may be individually owned.

   E.   Minimum And Exclusive Standards: The requirements of an MDP regarding site development, massing, materials, construction methods, forms and colors are mandatory; standards that do not meet these requirements are not acceptable. The requirements for an MDP are minimum standards for the promotion of the public health, safety, and general welfare in a mixed use zoning district.

   F.   Conformance To MDP: Phased developments and approved individual plats and site plans shall conform to the adopted MDP. (Ord. 2013-01, 1-8-2013)

   A.   Execution: The MDP shall be adopted by ordinance, establishing the MU zone district, for a given property or project area. A development agreement between the city and the applicant may be required by the city council and executed before the zoning designation shall be effective.

   B.   Municipal Code Provisions: The MDP adopted by ordinance will be considered a subpart of this title and be identified by MDP project name.

   C.   Relationship Of Master Development Plan To Municipal Code:

      1.   Municipal Code And Zoning Ordinance Provision: An adopted MDP is a subpart of the zoning ordinance. As is the case with other provisions of the zoning ordinance, all other provisions of this code continue to apply within an approved MDP.

      2.   Conflict Between MDP And The Zoning Ordinance: If a conflict occurs between a requirement or other provision of an adopted MDP and a requirement or other provision of the zoning ordinance, the provision of the MDP shall control regardless of whether the MDP provision is more liberal or more restrictive. In any instance where there is no conflict between a requirement of an adopted MDP and a requirement or other provision of the zoning ordinance because a development related subject is addressed in the zoning ordinance, but not in the MDP, the zoning ordinance provision shall apply.

      3.   Conflict Between MDP And Municipal Code: In any instance where there is no conflict between a requirement of MDP and a requirement or other provision of this code because a regulatory subject is addressed elsewhere in this code, but not in an adopted MDP, such as, by way of example, but without limitation, the home occupation requirements set forth in chapter 16 of this title, the municipal code provision is intended to, and shall, apply. (Ord. 2013-01, 1-8-2013)

   A.   Findings: The planning commission must make the following findings to approve a recommendation to the city council for rezoning the property to the MU zone:

      1.   The MDP is consistent with the statement of objectives of a mixed use (MU) zone contained in this article.

      2.   To the extent that the MDP departs from zoning and subdivision regulations otherwise applicable to the property (including, but not limited to, density, bulk and use) it is nevertheless still consistent with adopted master plan land use maps and policies. Architectural controls and other quality measurements of design are clearly articulated in the MDP.

      3.   The ratio of residential to nonresidential uses in the planned development is consistent with the master plan; specifically, that the MDP provides a substantial nonresidential component in comparison with the residential uses proposed.

      4.   The proposed development can be adequately served by public facilities and complies with the minimum design criteria for these public facilities, including, but not limited to, water, storm drain, sewer, and roads. Any upgrades or necessary improvements to public facilities have been clearly identified and the responsibility of construction and costs will not be incurred by the city.

      5.   Any development related adverse impacts, such as traffic, noise, orders, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods, are mitigated by improvements or modifications either on site or within the public right of way.

      6.   The common open space provided in the MDP exceeds the minimum area and improvement standards.

      7.   Where an MDP proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public, residents and owners of the project area and the integrity of the plan and, where the plan provides for phases, the period in which the application for each phase must be filed.

      8.   That each individual unit or phase of the development, as well as the total development, can exist independently and be capable of creating a good environment in the locality and be as desirable and stable in any phase as in the total development.

      9.   The project will not result in material prejudice of surrounding properties, and will not endanger the health, safety, and welfare of the community.

      10.   The MDP has a beneficial relationship to the neighborhood and area in which it is proposed to be established. This also includes providing a thorough analysis and adequate documentation of the impact the zoning may have on the city's public schools.

   B.   Length Of Approval: Construction, as defined by the building code, will be required to commence within two (2) years of the date of the approval of the MDP. After construction commences, the MDP shall remain valid as long as it is consistent with the approved specific project phasing plan as set forth in the MDP. It is anticipated that the specific project phasing may require planning commission review and reevaluation of the project at specified points in the development of the project. (Ord. 2013-01, 1-8-2013)

   A.   As determined through the MDP approval, portions of the project area that are specifically given site plan approval will proceed directly to the building and engineering permitting process (pursuant to section 11-2-3 of this title). Portions of the project that are not identified as obtaining site plan approval at the time of the MDP approval, will proceed through the site plan approval process (pursuant to section 11-5-1 of this title).

   B.   Should at any time, the determination be made by the zoning administrator, or assigned designee, that submitted construction documents are not in substantial conformance with the approved MDP, the submittal will be referred to and reviewed by the planning commission and will follow the modification procedures as outlined in this article.

   C.   Construction without approval is prohibited. No building or zoning permit shall be issued for any use under an MU zoning designation prior to approval of the MDP as prescribed herein. (Ord. 2013-01, 1-8-2013)

   A.   Modifications to an adopted MDP, which constitute a change in concept, land use, density, unit type, or configuration of any portion or phase of the MDP will justify review of the amendments by the planning commission and the city council.

      1.   The proposed amendments will be brought to the planning commission and city council for review and determination. Planning commission will make a recommendation to the city council on whether the proposed modifications are of a material change to the MDP. City council will make a final determination on whether the proposed modifications constitute a material change.

      2.   If the proposed modification is determined by the city council to be of a material change, the project will be required to go through the zoning amendment process as outlined in chapter 6 of this title and pay applicable application and review fees. An amended MDP will be required to be adopted by ordinance.

   B.   Future changes of use on developed properties in the MU zone may still be subject to site plan or conditional use approval. (Ord. 2013-01, 1-8-2013)

   A.   Responsibility For Administration: The MDP shall be administered by the zoning administrator, or assigned designee and the other decision making authorities identified in the plan. All findings, approvals, determinations and discretionary judgments, including those delegated to subordinates pursuant to the MDP by the zoning administrator, or assigned designees, shall be carried out in a manner consistent with the purposes of the adopted MDP, the city zoning ordinance, the city master plan, and the orderly development of the city. (Ord. 2013-01, 1-8-2013)

   A.   Interpretation: Whenever the zoning administrator determines that the meaning or applicability of any requirement of the MDP is subject to interpretation generally or as applied to a specific case, the zoning administrator shall issue an official interpretation.

   B.   Findings And Basis For Interpretation: The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the city master plan and zoning ordinance.

   C.   Record Of Interpretations: Official interpretations shall be in writing and shall quote the provisions of the MDP being interpreted, the applicability in the specific or general circumstances that caused the need for interpretations, and the determination. (Ord. 2013-01, 1-8-2013)

The Form Based Code, as set forth in ordinance 2018-06, passed September 11, 2018, and any amendments thereto, are hereby adopted and incorporated by reference as if fully set forth herein. The Form Based Code is publically available in electronic format at:

(Ord 2018-06, 9-11-2018; amd. Ord. 2021-16, 10-26-2021; Ord. 2022-09, 4-26-2022; Ord. 2022-21, 8-9-2022; Ord. 2023-10, 6-13-2023; Ord. 2024-05, 4-9-2024; Ord. 2024-19, 6-25-2024)