Hyde Park City Zoning Code

The intent of the Commercial (C) Zone is to permit the establishment of a well designed attractive complex of commercial facilities for a neighborhood or a community that will provide goods and services for the people to be served, minimize traffic congestion on public streets in the vicinity, and that shall best fit the general environment and land use patterns of the area to be served. The protective standards contained in this Chapter are intended to minimize any adverse effect of the  Commercial (C) Zone on nearby property by achieving maximum compatible integration of land uses by preserving the aesthetic qualities of the area, and to provide a safe and efficient use of land.

The Commercial (C) Zone shall be located in appropriate areas within the City and dedicated to all things commercial such as food, retail, automotive, and service businesses. The Commercial (C) Zone shall not include industrial businesses and uses such as factories or warehouses.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2023-11 on 7/26/2023

Permitted, conditional and prohibited uses within the Commercial (C) Zone shall be those as outlined in 12.290 of HPMC.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2023-11 on 7/26/2023

Notes:

Lot Coverage: includes total building coverage (accessory and main buildings).

Building Heights: measured from grade level to average roof height (the midpoint of the roof from ridge to eave).

Corner Lots: regarded as having two front yards and two side yards.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2016-07 on 11/9/2016

Amended by Ord. 2023-11 on 7/26/2023

The design and placement of signs and associated lighting shall comply with the requirements outlined in 12.30 and 12.90 of HPMC.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2016-07 on 11/9/2016

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2021-14 on 8/11/2021

Amended by Ord. 2023-11 on 7/26/2023

Off-street parking shall be provided as outlined in 12.70 of HPMC.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2016-07 on 11/9/2016

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2022-15 on 6/23/2022

Amended by Ord. 2023-11 on 7/26/2023

The treatment of building mass, materials and exterior appurtenances shall create an aesthetically pleasing building and site. Requirements applicable to the design and approval of buildings and sites located within Commercial (C) Zones shall be:

1. General Site Design Requirements.
2. Utilities. All utility lines and services shall be located underground in designated easements. No pipe, conduit, cable, line, drainage, stream, or any other energy or service shall be installed or maintained upon any lot, outside of any building, above the surface of the ground except for hoses or moveable pipes used for irrigation or other purposes during construction. Transformers shall be grouped with other utility meters where possible and shall be screened with vegetation or other methods approved by the Land Use Authority.  The property owner/developer shall be responsible to know the whereabouts of all underground utilities prior to commencing any development activities on the site. Protection of such utilities shall also be the sole responsibility of the property owner/developer.
3. Curb and gutter.  All frontage and approaches shall be furnished by the property owner/developer with concrete curb and gutter.
4. Sidewalks. A sidewalk shall be required along the entire frontage of property(ies) which abut a street or right-of-way. Sidewalks shall be a minimum of four feet (4’) in width and shall be constructed in accordance with current ADA requirements and the City’s construction standards. The outside edge of walks shall be located one foot (1’) outside of the property line, and the minimum width of park strip shall be provided in accordance with the City’s adopted road cross sections construction standards. If adequate space does not exist for the sidewalk and park strip, additional property shall be dedicated to the road right-of-way. Snow removal on walkways shall be the responsibility of the adjacent property owner.
5. General Building Design Requirements.
6. The design of all buildings located within the Commercial (C) Zone shall be prepared by an architect licensed in the State of Utah.
7. All sides of individual buildings located on the same site shall be designed with materials, shapes, and forms consistent and compatible with one another.
8. Buildings shall be designed to relate to grade conditions with a minimum amount of grading and exposed foundation walls.
9. Mechanical equipment shall be located or screened so as not to be visible from public or private streets. Screens shall be aesthetically incorporated into the design of the building and shall meet the standards for screens if located on the ground or on the roof. Screen materials shall be compatible with those materials used for the building.
10. Plans for exterior modifications to any existing structures within the Commercial (C) Zone shall meet the same requirements as all other new structures constructed within the Commercial (C) Zone.
11. Exterior Building Finish Requirements.
12. Surface materials shall be limited to no more than three (3) types of materials per building and all buildings within the proposed development shall possess a similar architectural theme. Building styles and design, including color schemes of exterior building materials shall be reviewed during the site plan approval process by the Land Use Authority outlined in 12.10.035 of HMPC 
13. All exterior building materials shall be finished.  Corrugated galvanized metal, and unpainted or unfinished surfaces such as masonry block, wood, metal, and/or unfinished concrete shall not be allowed.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2023-11 on 7/26/2023

Where commercial development will be developed adjacent to existing residential areas and uses, special consideration shall be given by the Land Use Authority during application reviews to protect the privacy of residents to mitigate the negative effects of noise, odor and artificial lighting.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2023-11 on 7/26/2023

In an effort to improve the environment for new businesses and to create compatibility between established businesses and new businesses, existing businesses and property owners are encouraged to upgrade their facilities (buildings, landscaping, parking, etc.), to meet the full requirements of this ordinance. However, when a building permit is required to expand or modify existing facilities, where it is impossible to come into full compliance with the ordinance within the commercial zones (i.e. Building exists too close to the road, narrow or shallow lot, etc.), the property must comply with the following minimum requirements prior to issuance of any permit or license. The property owner shall be ultimately responsible for any and all required improvements.

All improvements shall be completed or secured prior to any occupancy permits or business license being issued.

1. Setbacks. The minimum setback shall be not be less than twenty (20) feet. 
2. A concrete curb and gutter shall be installed.
3. Access. All frontages and approaches shall be furnished with concrete curb and gutter. Only one (1) forty foot (40’) wide access drive will be allowed unless access is shared with the adjoining property. These shared accesses shall be a total of not less than forty feet (40’)with a minimum of twenty feet (20’) of width on each side of the property line. The total width shall not exceed eighty feet (80’). Two (2) curb cuts for each property will only be allowed when access is shared at both adjacent property lines that are perpendicular to the frontage highway or roadway. On corner lots, no more than one (1) access drive shall be allowed on each frontage and access shall be at property lines or at least three hundred feet (300’)  from the corner on collector roads. On minor or secondary roads, the access shall be at property lines or at least one hundred and fifty feet (150’) from the intersection. If there are questions regarding safety, a traffic study shall be done.
4. Highway 91. On all State highways the property owner/ developer shall meet all requirements of the Utah Department of Transportation.
5. Signage. All signage for existing business shall be modified, replaced or removed to meet the signage requirement for the Commercial (C) Zone.
6. Hardships and Added Improvements. When an existing business or property owner is unable to meet the requirements indicated above, they may provide evidence of a hardship to the Land Use Authority.  The Land Use Authority may modify the requirements only if one or more of the following requirements are met:
7. Improvements are provided which will mitigate the adverse effects of non-conformance.
8. Upgrades to the project are provided, consistent with the intent of this ordinance.
9. In determining if an existing business or property owner claims a hardship and is eligible for relief through this chapter, all of the following criteria must be met:
10. The hardship is not self-imposed and is a result of the actions of others.
11. The result of conformance to the ordinance will significantly reduce or prevent the use of the property for a productive endeavor and there are no means, in the opinion of the Land Use Authority, to modify the site to meet the requirements.
12. Business or use of the property existed before the adoption of Ordinance 96-4 on December 10, 1996 and no unauthorized improvements have been made to the property since that time.
13. The extent of the modifications shall be determined from the following:
14. Hardship to Provide:
15. Front yard Setback. The front yard setback may be reduced by no more than fifty percent (50%) (not less than ten feet (10’)) when one (1) or more improvements are made: 1) required street trees are planted at three inch (3”) trunk diameter with automatic sprinkler system installed for entire landscape setback; 2) Access driveway is reduced to one shared access (twenty foot (20’) maximum) at property line; 3) If on a corner lot, access is limited to one (1) driveway from a street other than Highway 91.
16. Sign. One (1)  existing non-conforming sign may be retained when all improvements are made: 1) All other signs or advertisements which are not in compliance are permanently eliminated; 2) Sign remains the same and is not changed; 3) Sign was originally installed less than ten (10) years ago.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2023-11 on 7/26/2023

The City Council, at its sole discretion, may elect to reimburse all or part of any development fee or assessment for public infrastructure and service improvements associated with a new commercial development. In addition, the City may also elect, at its sole discretion, to provide public infrastructure and service improvements within City limits as an incentive to attract new commercial businesses that will enhance the tax revenue base of the City.

To provide such incentives and reimbursements, the City Council must find that the financial benefit derived by the City will outweigh the costs associated with reimbursements and any associated service or infrastructure improvements.

Applicants will indicate their intention to be considered for reimbursement under the Commercial Development Incentive Ordinance in writing and by showing projected tax revenues in a professionally prepared four-year business plan. If an existing business desires an opportunity to take advantage of the Commercial Development Incentive, the request must be accompanied by a tax payment history of the most recent two years. These will be submitted to the City Council for their review.

All fees and infrastructure improvements will be paid by the applicant requesting consideration under the Commercial Development Incentive Ordinance. All documentation, including invoices and cancelled checks will be presented to the City verifying the amounts paid on fees and infrastructure improvements. The City will obtain sales tax revenue amounts from the report from the State Tax Commission of the State of Utah. Reimbursement will be paid quarterly after the City receives its portion from the State up to the maximum number of years allowed by State Code. Within that predesignated period of time fifty percent (50%) of the sales tax revenue from the business received by the City may be reimbursed to the business, up to the total cost of the fees and improvements made, or the total costs of those items that the City Council previously agreed to reimburse under this ordinance. A development agreement will be presented for City infrastructure, describing said infrastructure and parties paying for it; also naming business, whether owned or leased, whose sales tax will be applied for this incentive. All agreements shall be in writing.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2023-11 on 7/26/2023

Each landowner within the Commercial (C) Zone shall have the duty and responsibility of conforming to the requirements of this Chapter. If an owner shall fail in their duty and responsibility, the City may give the owner written notice of such violation. If the owner fails to properly restore any violation within the time limit specified in the notice, the City or its designee shall have the right and power to stop construction, withdraw the business license, and/or pursue ordinance enforcement as otherwise specified in the City Code.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2023-11 on 7/26/2023