A.   Purpose. The purpose of the Commercial Overlay Zone is to provide for commercial businesses, professional offices, and shopping centers that will serve neighborhood, community and regional shopping demands, while also providing other commercial opportunities which are reasonably separated or buffered from residential development but allow residential development within the Commercial Overlay Zone.

   B.   Prohibited Uses. Any use not specifically permitted in this chapter shall be prohibited.

   C.   Commercial Overlay Area. Starting at the southwest boundary of Fairfield Town running parallel with and adjoining to Highway 73, the width of three hundred (300) feet on each adjacent side, starting at property owners boundary line to the end point of Fairfield Towns’ northern boundary line. If a parcel of land has been declared commercial it can no longer be used as residential.

   E.   Area Requirements. Lots or parcels in the Commercial Overlay Zone shall be of sufficient size to assure compliance with the Fairfield Town parking, landscaping, utilities, site plan and other land development regulations that may govern all or a portion of each project.

   F.   Master Site Plan Required. All developments in this zone are required to submit a master site plan that includes maps and descriptions of construction, landscaping, Health Department requirements, and uses.

   G.   Storm Water. All storm water must be retained on site in accordance with an engineered plan.

   H.   Garbage. The yards around buildings shall be kept in compliance with the Town Nuisance Ordinance.

   I.   Minimum Lot Size/Water Requirement. A ten (10) acre minimum lot size is required for any lot not connected to an approved municipal culinary water system.

   J.   Frontage Requirement. For adequate access by emergency vehicles and local occupants the frontage of each lot shall be a minimum of one hundred and sixty five (165) ft. and shall abut an official State, County or Fairfield Town road which has been paved under the direction of the unit government having jurisdiction and from which frontage gains vehicle and pedestrian access exclusively and entirely across the subject lot.

   K.   Setback Requirements.

   The following setback requirements are intended to describe the amount of space required between buildings and property lines. All buildings in this Commercial Overlay Zone, including accessory buildings, are required to maintain a minimum distance from property lines as set forth below. Conditional uses may require greater setbacks so as to prevent a nuisance as determined by the Town Council:

      1.   Front Setbacks. Front setbacks will be determined by the size of building, landscape and parking requirements. The Town Council, in consideration of a prior recommendation by the Planning Commission, may increase or decrease this if, in its judgment, the changes comply with the following:

         a.   Does not interfere with the use, enjoyment, and character of adjacent properties;

         b.   The success of the business necessitates a specific setback, proven by data or research;

         c.   Additional setback is not solely to provide space for parking between the building and the street; and

         d.   Topography or natural features make it impossible or impracticable to place the building within the setback.

      2.   Sides and Rear Setbacks:

         a.   Minimum of ten (10) feet; and

         b.   The Town Council, in consideration of a prior recommendation by the Planning Commission, may increase or decrease this if, in its judgment, the changes comply with the following:

"            i.   Does not interfere with the use, enjoyment, and character of adjacent properties;

            ii.   The success of the business necessitates a specific setback, proven by data or research;

            iii.   Additional setback is not solely to provide space for parking between the building and the street; and

            iv.   Topography or natural features make it impossible or impracticable to place the building within the setback.

      3.   Other General Setback Requirements. In addition to the specific setback requirements noted above:

         a.   Nobuilding shall be closer than ten (10) feet to any neighboring private road or driveway; and

         b.   Exceptions may be made for any part of the building that may contain an approved drive-up window;

      4.   Setbacks for Accessory Building:

         a.   Minimum of six (6) feet from the parcel property line; and

         b.   Additional setbacks will be determined by fire and building code.

   L.   UDOT Requirements. Any building lot adjacent to any State road must comply with all UDOT requirements. Applicants will contact the Region 3 permitting office to schedule a pre-application coordination meeting before applying for a permit Additional information can be found online at www.udot.utah.gov, ‘Doing Business’, UDOT Permits.

   M.   Building Height. No building in this zone shall be over two stories with a maximum height restriction of forty five (45) feet.

   N..   Permitted Uses. The following land uses shall be permitted uses in the Commercial Overlay Zone. Any use not specifically permitted in this chapter shall be prohibited:

      1.   Accessory Structure Rev. ord. 03142023-2, passed 03-14-2023. 

      2.   Car Wash Facilities.

      3.   Auto Fueling Convenience Store.

      4.   Convenience Store; Sale of Goods.

      5.   Farm Equipment Sales.

      6.   Nursery.

      7.   Warehouse Space With Offices.

   O.   Conditional Uses.

      1.   Home Based Business.