A.   The purpose of the commercial zone is to provide suitable areas for the location of nearly all commercial goods and services needed to serve the people and commerce of the city. Retail commercial activities which serve the residents of the city will be encouraged. Since the zone permits such a wide variety of uses, the protective features which zoning normally affords to adjacent properties are mostly nonexistent. Owners should develop and maintain their property in recognition thereof.

   B.   The following definitions apply to this chapter:

    MANUFACTURING: Any facility, which is used in the manufacture or production of tangible personal property, including the processing resulting in a change in the condition of such property.

   RETAIL: The sale of goods to ultimate consumers, usually in small quantities.

   WHOLESALE: The sale of goods in quantity, as to retailers or jobbers, for resale.

   C.   Inasmuch as this zone may be surrounded by dwellings, it is intended that residential amenities be maintained insofar as possible. Stores, shops or businesses shall be wholesale/retail establishments and shall be permitted under the following conditions:

      1.   Such businesses shall be conducted wholly within an enclosed building except for the parking of automobiles and service to persons in automobiles, unless otherwise permitted.

      2.   No building or structure shall be constructed or modified in such a way that snow, sleet, hail, rain or other runoff falls onto adjacent property. (Ord. 13-01, 4-24-2013)

Stores, shops and businesses shall be wholesale/retail establishments and shall be permitted under the following conditions:

   A.   Maintenance: All businesses which are on a public street shall maintain yards and buildings in a neat and attractive manner.

   B.   Enclosure Of Merchandise And Materials: All materials and merchandise, except vehicles in running order, shall be stored in an enclosed building or within an enclosure surrounded by a sight obscuring (obscuring a minimum of 90 percent) fence or wall of not less than six feet (6') in height, and no material or merchandise shall be stored to a height of more than the height of the enclosing fence or wall.

   C.   Trash, Junk, Inoperable Vehicles, Vessels And Similar Items: No trash, rubbish, weeds or other combustible material shall be allowed to remain on any lot outside of approved containers in any commercial zone. No junk, debris, abandoned, inoperable or dismantled vehicles or vessels or vehicle or vessel parts or similar material shall be stored or allowed to remain on any lot in any commercial zone.

   D.   Solid Waste Storage Facilities: All solid waste storage facilities shall be located at the rear of the main building or else behind a sight obscuring fence or wall which will prevent the facility from being seen from a public street.

   E.   Protection Of Residential Property: Where a commercial development adjoins any lot or parcel of ground in any residential zone, there shall be provided along the adjoining property line a solid masonry wall and a minimum ten foot (10') wide planting strip. The landscape requirements shall be determined by the city planning department to make sure the buffer area adequately protects the adjoining residential property.

   F.   Retail Sales: All products, whether primary or incidental, shall be sold at retail on the premises; no beer shall be sold for consumption on the premises, except in the pool halls and taverns; no entertainment, except music, shall be permitted in cafes, confectioneries or refreshment stands.

   G.   Objectionable Uses Prohibited: All uses should be free from objections because of odor, dust, smoke, noise, vibration, or other similar offensive nuisances to adjacent residential zones.

   H.   Signage: Any exterior sign displayed shall pertain only to a use conducted within the building or on the lot or shall appertain to the lease or sale of the property. In no case shall a sign project above the height of a building. All signage will be approved by the planning and zoning commission and/or city council prior to issuance of a building permit or business license. (Ord. 13-01, 4-24-2013)

   A.   Side Yard: None, except that wherever a building is located upon a lot adjacent to a residential zone boundary, there shall be provided a side yard of not less than ten feet (10') on the side of the building adjacent to the zone boundary line, and on corner lots, the side yard which faces on a street shall be not less than twenty feet (20').

   B.   Front Yard: The minimum depth of the front yard for all buildings, walls or fences more than three feet (3') in height shall be twenty feet (20').

   C.   Rear Yard: None, except that on corner lots which rear upon the side yard of another lot in a residential zone, the minimum rear yard shall be ten feet (10').

   D.   Height: No building or structure shall be erected to a height greater than two and one-half (21/2) stories or thirty five feet (35').

   E.   Coverage: No building, structure or group of buildings with their accessory buildings shall cover more than sixty percent (60%) of the area of the lot. (Ord. 13-01, 4-24-2013)

The provisions established herein shall apply to all lands within the civil jurisdiction of Garland City, Utah. Where there is conflict between the terms and/or requirements contained in this chapter, as amended, or any other ordinance, code, regulation of Garland City, Utah, the more strict shall apply. (Ord. 13-01, 4-24-2013)

An assigned enforcing officer (who may also be referred to herein as the "building official" or "inspector") shall have the authority and the duty to ensure that all buildings and structures and use of all land comply with the provisions of this title. The enforcing officer shall be appointed by city council. (Ord. 13-01, 4-24-2013)

   A.   Any building or structure erected contrary to any of the provisions of this chapter and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this chapter or the provisions of any approval granted by the city under this chapter shall be a violation of this chapter and the same declared to be unlawful.

   B.   Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of the provisions of this chapter or provisions of any approval granted by the city under this chapter shall be subject to the enforcement provisions of this chapter.

   C.   In addition to the remedies provided in this chapter, the building official may initiate injunctive action, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove any unlawful building, structure or use.

   D.   If the person responsible for the alleged violation denies that a violation exists, he may appeal the decision of the building official to the city council in the same manner and within the same time deadline as stated in section 9-16-4 of this title.

   E.   Whenever a violation occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the building official. The building official shall record such complaint, investigate, and take action thereon as provided by this chapter. (Ord. 13-01, 4-24-2013)

If the building official concludes there exists an objectionable condition in violation of this title, then he or she shall:

   A.   Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions exist;

   B.   Serve notice in writing upon the owner and occupant of the premises, either personally or by mailing notice, postage prepaid, addressed to the owner and occupant at their last known post office addresses as disclosed by the records of the county assessor or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate, destroy or remove the objectionable condition/violation, and to bring the real property in question into full compliance with the ordinances of the city, within such time as the building official may designate, provided that any person notified pursuant to this subsection shall be given not more than thirty (30) days, as determined by the building official following the date of service of such notice, to correct the objectionable condition or file an appeal with the city council. The notice shall:

      1.   Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists.

      2.   Inform the owner, occupant or other person that in the event he or she disagrees with the determination of the building official and does not intend to comply with the provisions of the notice or that he or she objects to the factual or legal basis for the notice, he or she may appeal the administrative finding in the notice to the city council within the time deadline and per the other requirements found in section 9-16-4 of this title, provided such appeal is filed on or before the last day of the time period stated in such notice within which to correct the objectionable condition/violation.

      3.   Inform the person that in the event he or she fails or neglects to correct the objectionable condition/violation, the building official will issue, or cause to be issued, a citation pursuant to title 1, chapter 4 of this code.

   C.   In the event the owner or occupant files an appeal disputing the determination of the building official or objecting to the amount of time allowed to mitigate and correct the noted objectionable condition/violation on the notice served, the appeal stays all proceedings in furtherance of the action appealed from in the same manner and subject to the same conditions as stated in section 9-4-4 of this title. (Ord. 13-01, 4-24-2013)

The provisions of this chapter shall take effect upon passage, signature of the mayor and after being posted or published as required by law. (Ord. 13-01, 4-24-2013)