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Hildale City Zoning Code

CHAPTER 15

COMMERCIAL ZONES

Sec 152-15-1 Purpose

See section 152-11-2 of this chapter.

Sec 152-15-2 Scope

The provisions of this chapter shall apply to any real property located in a commercial zone as shown on the official zoning map. No building, structure or real property shall be used and no building or structure shall be hereafter erected, structurally or substantially altered, or enlarged except as set forth in this chapter. Such requirements shall not be construed to prohibit or limit other applicable provisions of this chapter, this Code, or other laws.

Sec 152-15-3 Uses Allowed In Commercial Zones

  1. Permitted And Conditional Uses:
    Permitted and conditional uses allowed within commercial zones shall be as set forth in table 152-15-1 of this section. Permitted and conditional uses are indicated by a "P" or "C", respectively, in the appropriate column. Uses not permitted are indicated by "N". Any use not shown on table 152-15-1 of this section shall be prohibited unless the Zoning Administrator determines the use is substantially the same as a permitted or conditional use as provided in subsection 152-7-18E4 of this chapter.

    TABLE 152-15-1

    PERMITTED AND CONDITIONAL USES ALLOWED IN COMMERCIAL ZONES


    Zones


    NCGCHCPCPOC
    Residential uses:






    Building, accessory
    PNNPP

    Dwelling, multiple-family4
    CNNPP

    Dwelling, single-family4
    CNNPN

    Dwelling, temporary
    CNNNN

    Dwelling, two-family4
    CNNPP

    Manufactured home
    NNNNN

    Manufactured/mobile home park
    NNNNN

    Protective housing facility
    NNNNN

    Rehabilitation/treatment facility
    NPPPP

    Residential facility for elderly persons1
    PNNPP

    Residential facility for persons with a disability1
    PNNPP

    Residential facility for troubled youth
    NNNNN

    Transitional housing facility
    NNNNN
    Public and civic uses:






    Auditorium or stadium
    NPPPN

    Bus terminal
    NPPPN

    Cemetery
    PPPPP

    Church or place of worship
    PPPPP

    Club or service organization
    PPPPP

    Convalescent care facility
    NPPPN

    Cultural service
    PPPPP

    Golf course
    PPPPP

    Government service
    NPPPN

    Hospital
    NPPPN

    Operations center
    NPPPP

    Park
    PPPPP

    Post office
    PPPPP

    Protective service
    PPPPP

    Reception center
    CPPPP

    Utility, major3
    NNNCC

    Utility, minor3
    PPPPP

    Utility substation3
    PPPPP
    Commercial uses:






    Agricultural sales and service
    NPPPN

    Animal hospital
    PPPPN

    Bail bond service
    NPPPN

    Bank or financial institution
    PPPPP

    Bed and breakfast, home
    CNNNN

    Bed and breakfast inn
    CPPPN

    Business equipment rental, services, and supplies
    PPPPP

    Car wash
    PPPPP

    Club, private
    NPPPN

    Construction sales and service
    NPPNN

    Convenience store
    PPPPP

    Family child daycare facility2
    PNNNN

    Licensed family child care2
    PNNNN

    Residential certificate child care2
    PNNNN

    Child care center
    PPPPP

    Funeral home
    NPPPN

    Garden center
    PPPPP

    Gas and fuel, storage and sales
    NNNNN

    Gasoline service station
    PPPPN

    Hostel
    NPPPN

    Hotel
    NPPPN

    Kennel, commercial
    CPCCC

    Kennel, residential
    PNNNN

    Laundry or dry cleaning, limited
    PPPPP

    Liquor store
    NPPPN

    Media service
    PPPPP

    Medical or dental laboratory
    NPPPN

    Medical service
    PPPPP

    Motel
    NPPPN

    Office, general
    PPPPP

    Parking garage, public
    NPPPP

    Parking lot, public
    NPPPP

    Pawnshop
    NNPPN

    Personal care service
    PPPPP

    Personal instruction service
    PPPPP

    Printing and copying, limited
    PPPPP

    Printing, general
    NPPPP

    Produce stand
    PPPNP

    Recreation and entertainment, indoor
    PPPPP

    Recreation and entertainment, outdoor
    NPPPN

    Recreational vehicle park
    NNPPN

    Repair service
    PPPPP

    Research service
    NPPPN

    Restaurant, fast food
    PPPPP

    Restaurant, general
    PPPPP

    Retail, general
    PPPPP

    Secondhand store
    PPPPP

    Shopping center
    PPPPP

    Takeoff and landing of aircraft
    NNNNN

    Tattoo establishment
    PPPNN

    Tavern
    PPPPP

    Temporary trailer
    PPPPP

    Transportation service
    NPPPN

    Vehicle and equipment rental or sale
    NPPPN

    Vehicle and equipment repair, general
    NPPNN

    Vehicle repair, limited
    NPPPP

    Veterinary service
    PPPNN

    Warehouse, self-service storage
    PPNNN

    Wireless telecommunication facility
    See section 10-50-5, table 10-50-1 of this title
    Industrial uses:






    Alcoholic Beverage Manufacturing 30,000 square feet and under
    N
    P
    P
    P
    N
    Laundry services
    NNNPN

    Wholesale and warehousing, general
    NNNPN

    Wholesale and warehousing, limited
    NNNNN

    Notes:
    1. See chapter 46 of this chapter.
    2. See chapter 42 of this chapter.
    3. See chapter 45 of this chapter.
    4. In the area designated as Downtown District on the General Plan map, existing single family residential uses may continue as permitted residential uses. Use and development standards for an R-1-8 Zone shall apply. Existing approved multi-family and two family uses may continue as permitted residential uses. Use and development standards for an RM-2 Zone would apply. No new residential uses are permitted.
  2. Accessory Uses:
    Permitted and conditional uses set forth in table 152-15-1 of this section shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such uses.
    1. Accessory uses shall be subject to the same regulations that apply to permitted and conditional uses in the same zone except as otherwise expressly provided in this chapter.
    2. No accessory use, building, or structure shall be allowed on a lot unless a permitted or conditional use has been established.
    3. Accessory uses in commercial zones shall include, but not be limited to, the following: Accessory dwelling units attached to a commercial permitted use structure or on the same lot and under same ownership as a permitted use structure. Accessory dwelling units for security and maintenance personnel. Cafeterias, dining halls and similar food service facilities when located within the main use and operated primarily for the convenience of employees, residents, clients, or visitors to the main use. Garages and off street parking areas, subject to applicable standards of chapter 34, "Off Street Parking And Loading", of this chapter. Recreational areas and facilities for the use of employees. Recycling collection stations. Refreshment stands and food and beverage sales located in uses involving public assembly. Temporary uses, subject to applicable standards of chapter 48, "Temporary Uses", of this chapter.
HISTORY
Amended by Ord. 2020-013 on 10/28/2020

Sec 152-15-4 Development Standards In Commercial Zones

Development standards within commercial zones shall be as set forth in table 152-15-2 of this section.

TABLE 152-15-2

DEVELOPMENT STANDARDS IN COMMERCIAL ZONES
Development
Zones
Standard
NC
GC
HC
PC
POC
Lot standards:
Minimum lot area
No requirement
No requirement
No requirement
5 acres
5 acres
Minimum lot width
No requirement
No requirement
No requirement
No requirement
No requirement
Building standards:
Maximum height, main building1
35 feet
35 feet
55 feet
55 feet
55 feet
Maximum height, accessory building
20 feet
20 feet
20 feet
20 feet
20 feet
Setback standards - front yard:
All buildings2
20 feet
20 feet
20 feet
20 feet
20 feet
Setback standards - rear yard:
Main building
New building on a lot abutting an existing agricultural or residential use: 10 feet
Accessory building
Otherwise: No requirement
Setback standards - interior side yard:
Main building
New building on a lot abutting an existing agricultural or residential use: 10 feet
Accessory building
Otherwise: No requirement
Setback standards - street side yard:
Main building
20 feet
20 feet
20 feet
20 feet
20 feet
Accessory building
Not permitted
Not permitted
Not permitted
Not permitted
Not permitted

Notes:

1.Except as otherwise permitted by subsection 152-15-7A of this chapter.

2.Except as modified by the provisions of subsection 152-37-12F, "Setback Measurement", of this chapter.

HISTORY
Amended by Ord. 2020-017 on 2/3/2021

Sec 152-15-5 Regulations Of General Applicability

The use and development of real property in commercial zones shall conform to regulations of general applicability as set forth in the following chapters of this chapter:

  1. Design and compatibility standards: See chapter 33 of this chapter.
  2. Landscaping and screening: See chapter 32 of this chapter.
  3. Motor vehicle access: See chapter 35 of this chapter.
  4. Natural resource inventory: See chapter 31 of this chapter.
  5. Off street parking: See chapter 34 of this chapter.
  6. Signs: See chapter 36 of this chapter.
  7. Supplementary development standards: See chapter 37 of this chapter.

Sec 152-15-6 Regulations For Specific Uses

To the extent that use and development of real property includes any matter encompassed by a regulation for a specific use as set forth in Article VI of this chapter, such regulation shall apply in addition to the requirements of this chapter and shall prevail over any conflicting provision of this chapter.

Sec 152-15-7 Special Regulations

  1. Increased Height:
    Notwithstanding the height limitations shown in section 152-15-4, table 152-15-2 of this chapter a greater building height may be allowed in a commercial zone for a commercial use pursuant to a conditional use permit.
  2. Use Within An Enclosed Building:
    Each use specified in section 152-15-3, table 152-15-1 of this chapter shall be conducted completely within a completely enclosed building, except for the parking of motor vehicles and services to persons therein.
  3. Dust, Odor, Smoke, Noise, And Vibration:
    Each use specified in section 152-15-3, table 152-15-1 of this chapter shall be free from objectionable dust, odor, smoke, noise, and vibration.
  4. Highway Commercial Zone Location:
    For property abutting SR-59, the Highway Commercial Zone shall begin at the highway right-of-way line and shall extend a distance of five hundred feet (500') from the State highway right-of-way line, except as otherwise depicted by the zoning map.
  5. Vendor Carts:
    Vendor carts are subject to the following definitions, rules and limitations:
    1. Definitions:
      1. LONG TERM VENDOR CART: A vendor cart that is not removed from its site and is properly stored when not in use.

        NEXT QUALIFIED APPLICANT: An applicant for a vendor cart business license who has submitted a complete application for a specific location and paid the applicable application fee based on the date application fee was paid and determination of a complete application made, whichever shall be last.

        SEASONAL VENDOR CART: A vendor cart meeting all the requirements of this section which is permitted for a specific season, either summer or winter. Summer seasonal permits allow operation from April 1 to September 30 and winter seasonal permits allow operation from October 1 to March 31. The holder of a seasonal vendor cart permit may renew up to thirty (30) days prior to the first date of the season if the location where the permit is sought is not occupied by another seasonal vendor cart and the seasonal vendor cart business license has been renewed.

        SHORT TERM VENDOR CART: A vendor cart that is removed from its site and properly stored out of public view each day.

        SPECIAL EVENT CART: A wagon, cart, booth, or similar temporary structure designed and used for the sale of goods and services at a special event for which the City has issued a special event permit pursuant to title 11, chapter 112 of this Code.

        VENDOR CART: A temporary structure in the form of a wagon, cart trailer, truck, or other mobile structure designed and intended for the sale of goods and services. The term "vendor cart" includes a long term vendor cart, or a short term vendor cart.
    2. Rules And Limitations:
      1. Vendor Cart Locations:
        Long term vendor carts and short term vendor carts are permitted only in those land use zones where commercial uses are an allowed or conditional land use. Special event vendor carts are permitted anywhere within the City if authorized by a special event permit issued by the City or at a special event sponsored by the City.
      2. Vendor Cart General Design Standards: Long term vendor carts and short term vendor carts are subject to the following general design standards:
        1. All long term vendor carts and short term vendor carts must be constructed of a professional quality for use as a vending cart.
        2. All long term vendor carts and short term vendor carts must be in good working condition, with no broken or rusty parts. All exterior materials must be kept clean and in neat appearance. Metal and/or wood may be used as exterior finishes. Metal surfaces shall be suitable for long term use in an exterior location. Metal vendor cart exteriors must have finished edges, concealed seams, and overlapping joints. Wood details and finishes must be suitable for long wear in an exterior location and finished in a craftsmanlike manner.
        3. Siding and other compatible materials used on a vendor cart must wrap all sides of the vendor cart.
        4. Long term vendor carts must be windproof, waterproof and locked when not in operation.
        5. Vendor cart must be on wheels.
      3. Additional Requirements For All Vendor Carts:
        1. Vendor carts must be located on private property except food vendors granted space by permit at city owned recreation sites if such permit is established.
        2. Vendor cart owners shall improve the immediate area around their business through the installation of pavers, landscaping, awnings, and/or short term decks to help the vendor carts to look less temporary, and to blend into the surrounding character.
        3. When a vendor cart is independently connected to the city's culinary or irrigation water systems, power system or the sewer system, all applicable fees must be paid.
        4. Generators are prohibited for vendor carts, except for use as an emergency source of power when the permanent source of power to the vendor cart is temporarily unavailable.
        5. Property owner and/or vendor shall maintain the premises and the cart in a clean, safe, and orderly condition at all times.
        6. Operators of vendor carts must obtain and maintain in full force and effect throughout the permit a valid city of Hildale business license.
        7. Customer seating for a vendor cart is limited to a maximum of either four (4) seats or one picnic table not to exceed eight feet (8') in length or diameter. Additionally, vendor carts may have one condiment table.
        8. The operator of a vendor cart shall comply with all applicable health regulations.
        9. All storage boxes, cartons, and coolers used in connection with the operation of a vendor cart shall be hidden from public view.
        10. Short term vendor carts must be removed from the site and properly stored out of public view each day.
        11. Umbrellas or shade structures may be used on a vendor cart. Tents on or at vendor carts are prohibited.
        12. All signage must be attached to a vendor cart. Freestanding signage on or for a short term vendor cart is prohibited except for one two foot by three foot (2' x 3') A-frame sign that may be displayed when the vendor cart is in operation. Said sign may not be located on a public sidewalk.
        13. A vendor cart site must not create a public safety hazard. Accordingly, no aboveground pipes are permitted. Extension cords may be used only if the cord is located outside an area where the public has access.
        14. Vendor carts must comply with regulations for grease traps and waste disposal must be at an approved facility.
      4. Special Event Carts:
        Special event carts may be approved only in connection with and pursuant to the procedures for the review and approval of an event permit issued by the city pursuant to title 11, chapter 112 of this code or at a special event sponsored by the city or at an event held at Maxwell Park. Special event carts are subject to the applicable terms and conditions of the event permit. The provisions of this chapter do not apply to special event vendor carts.
      5. Limitation On Number Of Vendor Cart Permits:
        1. The total number of vendor carts permits that may be issued by the city under this chapter are seven (7) for all areas of the city, limited to four (4) year round permits and three (3) seasonal permits for each season. Two (2) additional full time permits may be issued in the gateway industrial area.
        2. The limitations of subsection E2e(1) of this section do not require the closure or removal of any vendor cart operating within the city as of the effective date of this section, pursuant to a valid business license.
        3. If the holder of a vendor cart business license is not operating the vendor cart at the licensed location such that the vendor cart is not open for business for at least fifty percent (50%) of the normal operating hours for a continuous period of ninety (90) days, the license shall be revoked and the next qualified applicant for a vendor cart business license shall be issued a permit. Use of the cart at special events does not constitute operation of a vendor cart.
        4. If the total number of vendor carts permitted by the city ever drops below the cap number established in subsection E2e(1) of this section, the zoning administrator shall authorize a new vendor cart permit submitted by the next qualified applicant to be processed. A qualified applicant must have: a) submitted a completed application; and b) paid the required application fee. If the next qualified applicant is not issued a business license within thirty (30) days of notice they are eligible for a vendor cart permit, the applicant will be moved to the bottom of the list and the next qualified applicant notified.
  6. Right To Continue:
    On the effective date of this section, all vendor carts for which a valid business license exists may continue to be operated under the terms and conditions of their existing approved site plan and business license until the first to occur of:
    1. the business license is revoked by city in accordance with its procedures;
    2. the business license is voluntarily surrendered or expires;
    3. the lease on the property is not renewed by the landowner; or
    4. the vendor cart is otherwise required to be closed or removed for any lawful reason. Upon the occurrence of any event described in the preceding section, the owner or operator of the vendor cart that was previously permitted must obtain a new approval and in connection therewith must be brought into compliance with the requirements of this section.
  7. Conditions Of Approval:
    The zoning administrator may impose reasonable conditions when approving a vendor cart permit under this section. Such conditions may include, if appropriate, the requirement that the permittee provide a monetary guarantee to the city, in a form acceptable to the city attorney, ensuring the complete removal of the vendor cart, site cleanup, and site revegetation, when the vendor cart license expires without being renewed, or is revoked.

2020-013

2020-017