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Midway City Zoning Code

CHAPTER 16

05 COMMERCIAL C-2 AND C-3 ZONES

16.05.010 Objectives And Characteristics

These zones have been established as districts in which the primary use of the land is for planned and integrated commercial and service uses. It is intended that these zones shall be characterized by a harmonious grouping of a variety of stores, shops, office buildings, or other permitted uses in an organized development. These zones have also been established to create new development which is characterized by well landscaped frontages, safe access and egress, proper parking design, coordinated site planning, and buildings which follow the objectives of the City Master Plan and resort architectural requirements. Emphasis in the approval of plans in the C-2 zone shall be to protect the appearance of the entrances to the City. Development in the C-3 zone is intended to create a shopping and financial center for the City and surrounding territory. Another objective of the commercial zones is to mitigate potential negative impacts upon residential zones caused by commercial activity. The City commercial zones are surrounded by residential areas on all sides and buffering restrictions are necessary.

16.05.020 Permitted And Conditional Uses

  1. The peculiar character and nature of conditional uses (those designated by "C") require special consideration. Therefore, the Planning Commission review of these conditional uses shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development in accordance with existing and future needs. The City Council shall deny or approve these conditional uses based upon the character of the zone, the surrounding land use, traffic, utilities and other public requirements.
  2. In the following list of possible uses in the C-2 and C-3 zones, those designated "P" will be a permitted use. Uses designated as "C" will only be allowed when approved as a conditional use by the City Council. Uses designated as "N" will not be allowed in the zone.

    USESC-2C-3
    Retail, grocery, and service stores (up to 25,000 sq. ft.)
    Tobacco sales and e-cigarettes (no more than 5% of total retail)
    PP
    Professional offices and clinics
    PP
    Auto detailing, gas stations and car washes
    CN
    Alcohol dispensing establishments (with local consent)
    CC
    Rest Homes/Nursing/Convalescent Facilities/Assisted Living
    PP
    Day Care
    PP
    Recreational activity businesses, photo, art, and craft galleries, retail show rooms
    PP
    Engraving, publishing, and printing
    PP
    Mortuaries and wedding chapels
    PP
    New and used vehicle sales and rentals
    CN
    Hospitals
    PP
    Short-term lodging facilities
    PP
    Cafes and restaurants
    PP
    Public and quasi-public buildings (police/fire stations)
    PP
    Barber, beauty shops, massage therapy and day spas
    PP
    Vehicle parking (not associated with another use)
    CC
    Repair shops (other than auto) (no outside storage)
    PP
    Veterinarian and pet grooming services (no outside kennels or keeping of animals)
    PP
    Mixed Use (See Section 16.05.3(I))
    CC
    Commercial PUDs and commercial condominium projects
    CC
    Private academies/studios (education, art, dance, sports, etc.)
    PP
    Carpentry and woodworking shops (no outside storage)
    CC
    Electrician shops (no outside storage)
    PP
    Plumbing shops (no outside storage)
    PP
    Residential Condos in Mixed Use Projects
    CC
    Residential accessory structures (no living or sleeping space)
    PP
    Commercial accessory structures
    P (Conditional if associated with a conditional use)
    P (Conditional if associated with a conditional use)
    Internal Accessory Dwelling UnitPP

(2012-11, Section Added, eff. 04/11/2012; 2013-15, Section Amended, eff.03/18/15; 2015-04, Section Amended eff. 7/8/15; 2016-13, Section Amended eff. 7/13/16; 2016-15, Section Amended eff. 11/2/16); 2018-03, Section Amended eff. 1/24/18; 2020-05, Section Amended, eff. 05/07/2020)

HISTORY
Amended by Ord. 2022-06 on 4/27/2022

16.05.030 Site Development Standards

  1. Minimum lot area: None
  2. Minimum building setback from property line for all commercial structures.
    1. Front: 10’ minimum and 30’ maximum from the property line; however, an accessory or secondary building may be allowed by the City Council to be set back further provided all provision of this Title are met.
    2. Side: None
    3. Rear: None
    4. Fuel pumps: 20 feet from any street
    5. Setback from residential zones: 15 feet
    6. Commercial structure setback from existing residential uses: 8 feet
    7. Residential structure setback as part of a mixed-use development (single-family and apartments): 10 feet
    8. Mixed-Use Structures. The commercial area of the structure must comply with the commercial structure setback requirements. The residential area of the structure located behind the commercial must comply with the residential structure setback requirements. Residential areas located above commercial may use the commercial structure setback requirements.
    9. The City Council, upon an applicant’s request, may approve a setback different than listed in this section based on specific circumstances of the site and building orientation or specific use of a proposal.
  3. Building Heights.
    1. Minimum: 8 feet (see Section 16.13.110)
    2. Maximum: 35 feet (see Section 16.13.100)
  4. All building sizes and setbacks are also subject to the requirements of the building code adopted by the City Council. Building heights shall be subject to this Title.
  5. All parking shall be located at the side or rear of the main building on each commercial zoning lot. The City Council, upon an applicant’s request, may approve a parking plan different than listed in this section based on specific circumstances of the site and building orientation or specific use of a proposal.
  6. Each new construction commercial building must have a door facing Main Street if the lot fronts Main Street.
  7. Notwithstanding any other provision contained herein, structures and setbacks must comply with Section 16.13.150: Clear View Triangle of Intersecting Streets.
  8. A landscaping plan is required for all permitted and conditional uses in the commercial zones. The plan will be reviewed by the Visual and Architectural Committee during the approval process and must meet the requirements found in Section 16.13.220.
  9. Mixed-Use Standards.
    1. Lots less than one acre.
      1. Frontage: 70 feet
      2. One single-family dwelling (above, behind or detached)
      3. A minimum of 20 percent of the gross square feet of all structures on the lot must be deed-restricted as commercial.
    2. Lots greater than one acre.
      1. Frontage: 200 feet
      2. Up to one residential unit per acre
      3. A minimum of 20 percent of the gross square feet of all structures on the lot must be deed-restricted as commercial.
    3. Lot greater than 25 acres.
      1. Frontage: 200 feet
      2. Up to one residential unit per acre
      3. A minimum of 20 percent of the gross square feet of all structures (excluding residential garages) in the development must be deed restricted as commercial.

(2010-32, Section Amended, eff. 12/08/2010; 2015-04, Section Replaced eff. 7/8/2015; 2016-15, Section Amended eff. 11/2/2016; 2021-31, Section Amended, eff. 10/6/2021)

HISTORY
Amended by Ord. 2021-41 on 3/16/2022

16.05.040 Residential Accessory Structures (No Living Or Sleeping Space)

  1. Residential accessory structures must be visually compatible with the dwelling on the same property. Staff will review and approve the proposed structure if it is found that the structure is visually compatible. If staff finds the proposed structure is not visually compatible with the dwelling, then the VAC will review the structure to assure compatibility.
  2. Location Requirements.
    1. Front Setback. All residential accessory structures shall be setback at least forty-five (45) feet from the front lot line or fifteen (15) feet farther back than the front facade of the dwelling, whichever is greater.
    2. Side Setback. All residential accessory structures dwellings shall be setback from the side property lines a distance of at least three (3) feet. On corner lots, the side setback from any street shall not be less than thirty (30) feet.
    3. Rear Setback. All residential accessory structures shall be setback from the rear property line a distance of at least three (3) feet.

(2020-05, Section Added, eff. 5/7/20)

2022-06

2021-41