(A)

Preamble/Intent: The purpose and intent of providing commercial district regulations is to allow for several different intensities and types of business, office, retail, service and entertainment uses which complement, enhance and support the mix of land uses within the City of Green River. The commercial zoning districts are intended to provide a variety of economic opportunities, as well as the necessary goods, services and employment opportunities to support the residents of the city. Each commercial zone shall be regulated by its own zoning criteria; however, all zones share in the goal of providing well-designed, quality commercial developments.

For the purposes of this chapter, the commercial district regulations shall include RC (Residential Commercial District), existing PB (Planned Neighborhood Commercial District), B-1 (General Commercial District) and B-2 (Downtown Business District). Individual commercial zone districts are further described as follows:

B-1

Community business areas containing retail centers intended to serve a number of surrounding residential neighborhoods, where retail commercial activities predominate.

B-2

The downtown business district, containing a wide range of retail and commercial operations, including regional-scale business activities (and which meet the goals and objectives of the downtown development plan.)

RC

Residential commercial district, primarily used for retail uses and personal services for the convenience of the surrounding adjacent neighborhoods.

PB

A planned neighborhood commercial district, intended for retail and service-related businesses that would interrelate with the surrounding adjacent neighborhoods. This zone district is in the process of being phased out, as described in Chapter 13, Section 13.7.

(B)

Criteria for Zone Establishment:

(1)

Compliance with comprehensive master plan. Commercial development shall be guided in part by the ability of the applicant to comply with the following comprehensive planning policies for commercial development:

(a)

Commercial development shall be actively encouraged by the city.

(b)

The city shall encourage the development of facilities, such as hotels, restaurants and recreation areas to accommodate tourists.

(c)

Commercial development shall be encouraged to cluster into commercial centers so strip development can be minimized.

(d)

The city shall ensure that commercial uses occur in areas where adequate transportation and services are available or can eventually be developed.

(e)

Revitalization of the CBD shall be encouraged and supported by the city. Such programs may include sidewalk improvement, seating, street trees, unified lighting, planter boxes and flowers, storefront improvement, sign unification and easily accessible parking.

(f)

The city shall encourage beautification of the southside business area. Such revitalization shall include street landscaping, coordinated signage and landscaped parking lots.

(g)

New commercial centers which do not cause deterioration of existing comemrcial areas should be encouraged to provide needed facilities as growth occurs.

(h)

New commercial development shall minimize negative impacts to existing surrounding land uses and natural areas. Adequate open space and buffer zones should be placed between conflicting uses.

(i)

Unsightly commercial areas, such as, but not limited to, trash areas, truck loading facilities and bulk storage areas, shall be screened.

(j)

Small neighborhood retail shopping centers, which provide for the sale of personal goods, such as food and drugs, and personal services for the surrounding residences, shall be encouraged.

(k)

An historic theme, that will capitalize on the tourism potential, shall be encouraged where appropriate in commercial areas.

(Ord. No. 04-01, § 2, 1-20-04)

Please see the use regulations in Chapter 9.

The following matrix indicates restrictions and regulations for the use and location of all commercial structures permitted in the RC, PB, B-1 and B-2 commercial zone districts:

¹

The existence of a street, easement, way or alley adjacent to one (1) or more of the boundary lines of the zone lot shall not negate these requirements.

²

Seven and one-half (7½) feet, except that where any side yard abuts an O, R-1, R-2, R-3, R-4, MH or residential area of a PUD, then the side yard shall be twenty-five (25) feet.

³

Fifteen (15) feet, except that where any rear yard backs on to an O, R-1, R-2, R-3, R-4, MH or residential area of a PUD, the rear yard shall be twenty-five (25) feet.

(Ord. No. 05-10, § 4, 7-5-05)

(A)

Conditions for Permitted Commercial Accessory Uses: Any use which complies with all of the following conditions may be operated as an accessory use to a permitted use:

(1)

The use is clearly incidental and customary to and commonly associated with the permitted use.

(2)

The accessory use is operated under the same ownership and on the same zone lot as the permitted use.

(3)

The use does not include full-time residential occupancy except by owners and employees on the premises and one (1) such dwelling unit shall be allowed for each permitted use. Hotels and motels shall not be considered full-time residential occupancy.

(4)

If the accessory use is operated within a structure, it shall not exceed a gross floor area of fifty (50) percent of the gross floor area of the permitted use. If operated as an open accessory use, it shall not exceed a gross area of fifty (50) percent of the area of the zone lot.

(B)

Conditions for Home Occupation Permits: None allowed.

(C)

Permitted Yard Encroachments: In the RC, PB, and B-1 zones, permitted yard encroachments are:

(1)

Belt courses, sills, lintels, exterior columns, chimneys and building accessories may project twenty-four (24) inches into all yards.

(2)

Exterior stairways, cornices, eaves and gutters may project three and one-half (3½) feet into all yards.

(D)

Height Exceptions: Church spires, church towers, water towers, flagpoles, antennas and fire towers may be erected to any safe height not in conflict with other regulations.

(E)

Conditions for Fences, Walls and Retaining Walls: A fence, hedge, wall, column, pier, post or any similar-type structure, or any combination of such structures, may be permitted in the required yards of the commercial districts, subject to the following conditions and requirements. (It is intended that these conditions and requirements shall provide privacy, protection, screening, and accenting of shrubs and landscaping without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles.)

(1)

Where a commercial use directly abuts an R-1, R-2, R-3, R-4, MH or residential area of a planned unit development (PUD) without an intervening street or alley, a solid fence six (6) feet high shall be provided on or near the property line between the business and the residential district and shall be maintained and kept in good repair by the owner of the commercial use. A solid fence is one made out of either masonry (brick, stone or block) or wood (minimum grade number 2 no-hole cedar, installed with minimum gap meaning no more than ⅛-inch gap between boards and with the finished side facing the residential district).

(2)

Fences, walls and retaining walls may be erected to a height of six (6) feet on any part of the zone lot; except on corner lots no fence, hedge, wall, retaining wall, structure, or landscaping display shall be permitted over forty (40) inches above the adjacent sidewalk, or if none the adjacent street within the restricted sight triangle. This subsection shall not apply to retaining walls in existence on or before June 21, 2005, but shall apply to all retaining walls started or completed after June 21, 2005.

(3)

No fence, wall or retaining wall shall be constructed which is hazardous or dangerous to animals or persons.

(4)

No fence, wall, retaining wall or hedge shall be constructed or grown which will materially damage adjacent property by obstructing views or shutting out light and air or otherwise adversely affecting the general public health, safety and welfare.

(5)

Open mesh fences of any height may be erected on zone lots containing schools, public parks and playgrounds.

(6)

All fences and walls are subject to building code requirements and shall require a city building permit.

(F)

Parking Requirements: Please see the use regulations in Chapter 9.

(G)

Sign Requirements: Please see the sign regulations in Chapter 10.

(H)

Landscape Requirements: Please see the landscape regulations in Chapter 11.

(I)

Nonconforming Uses: Please see the use regulations in Chapter 9.

(J)

Temporary Use Permits: Please see the use regulations in Chapter 9.

(K)

PB Zone District Regulations: All development within existing planned business (PB) zone districts shall be required to follow the general review procedures described in Chapter 8, Section 8.5.

(Ord. No. 93-16, § 1, 4-6-93; Ord. No. 05-10, § 5, 7-5-05)