The purpose of the Commercial (C) Zone is to provide areas for larger-scale community commercial development. Such zones cater to regional markets and generate traffic from a much larger regional area. Development may include limited residential uses as incorporated into a commercial mixed use development.

This chapter applies to development and uses in the Commercial Zone. Development in the Commercial Zone may also be subject to the requirements set forth in MKZ 18.61, Sensitive Lands.

1. Uses in the Commercial (C) Zone are as set forth in Table 18.44-1 Permitted and Conditional Uses in the Commercial (C) Zone. If a use is not explicitly designated in the table, then the use is prohibited. Certain use prohibitions or use limitations are listed in Table 18.44-1. Such use prohibitions or use limitations apply in addition to the general provision that uses not explicitly designated in the table are prohibited. An applicant seeking a Millcreek Business License may submit a Classification Request by following the procedure as set forth in MKZ 18.15.030 (J), to determine whether a proposed land use aligns with an existing land use listed in Table 18.44-1.
   
   

   Table 18-44-1 Permitted and Conditional Uses in the Commercial (C) Zone
   Land Use	C	Limitations / References
   P= Permitted, C= Conditional Use Review Required
   Residential Uses
   Affordable Housing	P	Subject to the requirements and incentives for affordable housing as set forth in MKZ 18.78, Affordable Housing Incentives.
   Dwelling, Multiple Household	C	Only permitted as part of a mixed use development, subject to the development standards as set forth in MKZ 18.44.090 (H).
   Nursing Home or Assisted Living	P
   Home Business	P	Permitted in legally-established dwellings in the C Zone. Subject to MKZ 18.76, Special Business Land Use Regulations.
   Residential Facility For Elderly Persons or Persons With a Disability	P	Limitations as set forth in MKZ 18.74, Residential Facilities for Persons With a Disability.
   Caretaker Dwelling	P	Additional use standards apply as set forth in MKZ 18.44.090
   Commercial Uses
   Kennel, Indoor or Outdoor	P	Outdoor kennels or animal play areas prohibited within 300’ of a Residential Zone Boundary or a legally established residential use.
   Automobile, Equipment, or Recreational Vehicle Sales or Rental	C	Only allowed when located on arterial roadways 100’ or greater in width. Prohibited within 300’ of a residential use or a residential zone. Additional use standards apply as set forth in MKZ 18.44.090.
   Automobile Service and Repair	C	Prohibited within 150’ of a residential use or a residential zone and within 1,320’ (1/4 mile) of an established substantially similar business. Additional use standards apply as set forth in MKZ 18.44.090.
   Car Wash	C	Prohibited within 150’ of a residential use or a residential zone and within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business.
   Medical or Dental Clinic	P
   Mixed Use	C	Additional use standards apply as set forth in MKZ 18.44.090
   Commercial Daycare or Preschool	P
   Commercial Entertainment under 25,000 square feet	P	Outdoor entertainment uses are prohibited within 300’ of legally established dwelling or a Residential Zone Boundary. Indoor or Outdoor Gun or Archery Ranges are prohibited.
   Commercial Entertainment, 25,000 square feet or more	C	Outdoor entertainment uses are prohibited within 300’ of a legally established dwelling or a Residential Zone Boundary. Indoor or Outdoor Gun or Archery Ranges are prohibited.
   Commercial Kitchen / Ghost Kitchen	P
   Commercial Parking Lot or Commercial Parking Garage	C	Parking garages shall include non-residential uses for at least 75% of the ground story facing a public street.
   Community Garden	P
   Depository Financial Institution	P
   Drive-up Window	C	Drive up windows prohibited within mixed use developments. Additional development standards apply as set forth in MKZ 18.44.090 (D)
   Eating and Drinking Establishment	P
   Flex Space	P	Maximum square footage of 10,000 square feet per building, a minimum of 20% of story area must be office and or retail uses.
   Fuel Station	C	Prohibited within 1,320’ (1/4 mile) of an existing fuel station and within 150’ of a residential use or a residential zone. See additional development standards as set forth in MKZ 18.44.090 (G)
   Funeral Home or Mortuary	P
   Greenhouse or Plant Nursery	P
   Gym or Fitness Studio under 5,000 square feet	P
   Gym or Fitness Studio - 5,000 square feet or more	C
   Hospital	C
   Light Service and Repair	P	Maximum square footage of 10,000 square feet.
   Live/Work Unit	P	Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 18.44.090 (H).
   Lodging	P
   Non-Depository Financial Institution	P	Prohibited within 300’ of a major intersection and within 2,640’ (1/2 mile) of an established substantially similar business.
   Office	P
   Pawn Shop	P	Prohibited within 300’ of a major intersection and within 2,640’ (1/2 mile) of an established substantially similar business.
   Personal Service	P
   Reception or Event Center	P	Outdoor uses prohibited within 300’ of a residential use or a Residential Zone Boundary.
   Neighborhood or General Service	P
   Neighborhood or General Retail	P
   Retail Sales	P	Retail Tobacco Specialty Businesses are prohibited within 1,320’ (1/4 mile) of an established substantially similar business.
   Retail Food Trucks, Pop-Up Markets, and/or Farmer’s Market	P	Subject to Temporary Use Standards as set forth in MKZ 18.58, Temporary Uses and Structures.
   Self-Storage facility	C	Prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. Additional location restrictions apply as set forth in MKZ 18.44.090.
   Temporary Uses	P	As set forth in MKZ 18.58, Temporary Uses and Structures
   Institutional Uses
   Wireless Telecommunication Facility	P	Must be a Stealth Facility, subject to the standards as set forth in MKZ 18.75, Wireless Telecommunications Facilities.
   Public Use	P	Detention Facilities or Jails are not permitted
   Religious Assembly	P
   Schools, Public and Private	P
   Quasi-Public Use	P

   
   
2. Table 18.44-1 Notes:
   1. Distances from major intersections are measured from the nearest point of the right-of-way at an intersection to the subject property at the nearest point.
   2. Distances between similar uses are measured from the nearest point of a property line with the similar use to the nearest point of the subject property line.
   3. Use separation distances are measured from property line. Uses within the separation area are limited to those not directly affiliated with the primary use such as ancillary parking and landscaping.

Accessory uses and structures shall be subordinate/incidental to the main use and structure and shall not be allowed in the front or side yards facing a street.

The spatial requirements are as set forth in Table 18.44-2 Spatial Requirements for the Commercial (C) Zone. Spatial requirements are also depicted in Figures 18.44.1, 18.44.2, and 18.44.3.

Figure 18.44.1 Residential Use or Zones Requirements

Figure 18.44.2 Commercial zone spatial requirements illustration

Figure 18.44.3 Commercial zone spatial requirements illustration when abutting residential zones.

Development within the C Zone shall meet the following site layout standards, as illustrated in Figure 18.44.4:

Figure 18.44.4 Site Standards Illustration

1. Building Orientation. Buildings shall orient their street facing facades parallel to the right-of-way.
2. Build-To-Line. Developments within 300 feet of a major intersection as measured by a radius from the applicant's nearest property line to the arterial intersection right-of-way line are required to conform to the following standards, as illustrated in Figure 18.44.5:
   
   Figure 18.44.5 Sites Within 300’ of a Major Intersection Standards
   
   
   
   1. Major intersections are defined where the following streets intersect with one another:
      1. Murray-Holladay Rd.
      2. 4500 S
      3. 3900 S
      4. 3300 S
      5. 300 W
      6. West Temple
      7. Main Street
      8. State Street
      9. 500 East
      10. 700 East
      11. 900 East
      12. 1100 East
      13. 1300 East
      14. Highland Drive
      15. 2000 East
      16. 2300 East
      17. 2700 East
      18. Wasatch Boulevard
   2. The build-to line is measured perpendicularly to the front setback and is 10 feet in depth. Build-to lines may not encroach upon the front yard setbacks established in this Chapter.
   3. A minimum of 75 percent of the front elevation of the building(s) must be within the build-to-area.
3. Entrances. Building facades shall have a ground story entrance facing towards the nearest street. When a property abuts more than one street, at least one ground story entrance is required on the street facing façade of the building where the greatest amount of pedestrian traffic is anticipated. Direct pedestrian access to the nearest street is required for all buildings.
4. Vehicle access and parking.
   1. For sites within Village Centers as identified in the adopted Future Land Use Map and 300 feet of major intersections: No parking, circulation driveway or drop-off/pickup areas are permitted between the front of the building and the street.
   2. For all other locations: A maximum of one parking row, circulation driveway, or drop-off/pickup areas is permitted between the front of the building and the street.
5. Garbage and Recycling. All development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage and recycling as set forth in the following standards:
   1. All developments must provide recycling services.
   2. All development is required to screen dumpsters and recycling facilities as set forth in the standards of this section as well as MKZ 18.64.050 (D).
   3. No refuse, recycling bin, dumpster or dumpster enclosure structure shall be located nearer than 10 feet to any perimeter property line.
   4. Enclosures shall be constructed of a solid masonry material and shall include sold steel gates.
6. Utilities.
   1. Location. All utilities shall be located underground except for existing overhead transmission lines.
   2. Screening. All utility equipment shall be screened from view as set forth in MKZ 18.64.050 (D).
   3. Permissions. Private water and other in-ground utilities that are privately owned require piping subject to the approval of the utility owner.
7. Fencing and Screening. Fencing and screening shall be installed by the developer between incompatible uses and/or incompatible zones as set forth in MKZ 18.64, Landscape Standards, and MKZ 18.66, Fences and Walls.

Development within the C Zone shall meet the following building massing standards:

1. Stepbacks. Buildings greater than 35 feet in height shall have a minimum 10-foot stepback between the first or second stories and third story when along streets, property frontages, and residential zone boundaries, as illustrated in Figure 18.44.6.
   
   Figure 18.44.6 Stepback Illustration
   
   
   
2. Massing and Façade Articulation. All buildings that are not faced entirely in brick or stone shall be designed to have at least three of the following massing or façade articulation design elements, as illustrated in Figure 18.44.7:
   
   Figure 18.44.7 Building Massing Standards Illustration
   
   
   
   1. Façade Articulation. The primary façade plane shall not exceed 40 feet in length without full height articulation. The articulation shall be a minimum of two feet (2’) in depth or projection from the primary façade plane and shall be a minimum of five feet (5’) in width.
   2. Change in Height. The top of the building shall change in height by at least five feet (5’) every 30 feet of façade length.
   3. Indentations or Recesses. The building shall feature indentations or recesses such as alcoves or arcades at least five feet (5’) in depth along the façade at maximum of 75-foot intervals. Such indentations or recesses shall be a minimum of one story in height.
   4. Terraces. Unless required as a stepback, usable terraces (a larger balcony intended as a private resident leisure space or commercial leisure space) at least 10 feet in depth along the street facing facades.
   5. Pitched Roofs. The primary structure is covered by a pitched roof with a minimum pitch of 3/12. Parapets are not considered to satisfy this requirement.
   6. Architecturally Integrated Trellises. Architecturally integrated trellises shall be attached to the wall and cover at least 20 percent of a wall and shall project a minimum of 18 inches from the primary façade and have accompanying landscape planting material.
   7. Stepbacks. Stepbacks shall only satisfy this requirement if not otherwise required.

Development within the C Zone shall meet the following building materials standards:

Figure 18.44.8 Building Materials Requirements Illustration

1. Windows.
   1. Windows shall constitute at least 50 percent of first story street-facing facades, and windows shall be at least 50 percent transparent.
   2. On double or triple-frontage lots or parcels, living screens may replace up to 50 percent of the window requirement for the façade along the lowest anticipated pedestrian traffic frontage.
   3. Windows shall constitute at least 25 percent of all upper story street-facing facades.
2. Exterior Materials.
   1. Exterior materials of a durable and resilient nature such as brick, stone, architectural metal panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. Twenty-five year guaranteed, architectural shingles and/or other longer lasting roof materials are required.
   2. Brick and/or stone may be used for up to 100 percent of the building façade, excluding windows. No other single material is allowed to exceed 50 percent on any facade, excluding windows. Other materials may be considered for soffits, or as an accent or architectural feature.
   3. Stucco, EIFS, architecturally finished concrete, or architectural metal panel shall comprise no more than 20 percent of any façade.
   4. A change of materials is required between the ground story and all upper stories unless the material is brick or stone.

The following standards are applicable to the uses specified in addition to the development standards in this Chapter. In the event there is language elsewhere in MKZ Title 18 that conflicts with language in this chapter, the more restrictive standard prevails.

1. Automobile, Equipment, or Recreational Vehicle Sales or Rental uses shall meet the following site requirements:
   1. The minimum lot size for such use is 20,000 square feet.
   2. The site must contain an office of at least 2,000 square feet.
   3. Inventory lot parking shall not be included in the minimum parking requirements.
2. Automobile Service and Repair uses shall meet the following site standards:
   1. Bay doors shall not be located on facades facing residential uses or zones.
   2. Vehicles awaiting repair or service shall be screened by Landscape Buffer C as set forth in MKZ 18.64, Landscape Standards.
   3. Vehicle storage areas shall not count toward parking minimum requirements.
3. Caretaker Dwellings are only permitted in accordance with the following standards:
   1. A caretaker dwelling is only permitted as an ancillary use in association with a primary commercial use.
   2. A maximum of one caretaker dwelling is permitted on a given site.
   3. The property owner shall record an affidavit stating the caretaker dwelling will not be leased, rented, or sold separately.
   4. A caretaker dwelling shall consist of a minimum habitable floor area of 600 square feet and not to exceed a maximum habitable floor area of one 1,200 square feet.
   5. The caretaker dwelling is subject to the residential use off-street parking requirements as set forth in MKZ 18.63, Parking and Mobility Standards.
   6. The parking spaces for caretaker dwelling cannot be included in any parking reduction request including shared parking.
   7. Home businesses with a customer base visiting the caretaker dwelling shall be prohibited.
4. Drive-up Windows shall meet the following impact mitigation standards:
   1. Drive-up windows are prohibited on a building façade facing a residential use or residential zone.
   2. The drive-up window shall not be located between a building and street right- of-way on a façade facing a residential use or zone.
   3. Speakers are prohibited within 150 feet from the nearest property line of a residential use or zone.
   4. Drive-up windows are prohibited within a mixed use site plan.
   5. Drive-up windows are prohibited within 300 feet of an intersection.
   6. Drive-up windows are prohibited within 500 feet of each other.
5. Self-Storage Facilities are prohibited within 300 feet of a major intersection and within one 1,320 feet (1/4 mile) of an established substantially similar business. No new self-storage facilities are allowed along the following streets:
   1. 3300 South
   2. 4500 South, east of 2300 East
   3. 3900 South, east of 2300 East
6. Fuel Stations shall meet the following site standards:
   1. Fuel pump islands shall be so located that automobiles stopped for service will not extend over the property line, drive aisles, or otherwise impede circulation of the site or surrounding streets.
   2. Fuel pump canopies shall be set back no less than four feet (4’) from any required setback. At no point shall a fuel pump be located nearer than 24 feet to the nearest property line.
   3. Fuel pump stations shall not count toward required parking calculations.
7. Hotels shall meet the following site and design standards:
   1. Hotels must have a prominent porte-cochere or portico, incorporating the materials used in the main building.
   2. Stucco or EIFS is prohibited on any street facing façade.
   3. Wall openings, such as windows and doors, located in lobbies and other common rooms, shall comprise at least 25 percent of the front façade.
   4. Massing and Façade Articulation for hotels shall have at least five of the façade design elements listed in MKZ 18.44.070 (B), Massing and Façade Articulation.
   5. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet.
   6. No more than one row of parking is allowed between a hotel and any street it fronts.
   7. Access to guest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or entryways individually equipped with a security-controlled access system.
8. Mixed Use developments shall meet the following standards, as indicated in Figure 18.44.9:
   
   Figure 18.44.9 Mixed Use Standards Illustration
   
   
   
   1. Minimum Frontage Requirement. If the mixed use development includes residential uses, the mixed use site shall have a minimum of 100 feet of frontage along a major collector, minor arterial, or other principal arterial road as identified in the Roadway Functional Classification Map of the Millcreek Transportation Master Plan.
   2. Finished Floor Elevation. The finished floor elevation of entrances on a ground floor commercial space fronting a street shall be no lower or higher than two feet (2’) from the street elevation, as measured at the edge of asphalt, or top of curb, where a building abuts a public sidewalk.
   3. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet.
   4. Parking. Parking shall meet the requirements as set forth in MKZ 18.63, Parking and Mobility Standards. In addition, the following standards apply:
      1. Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any mixed use development containing residential uses unless the gate services a structure or podium. Gates must be situated in a manner that does not pose a traffic hazard due to vehicle queues waiting to enter through the gate.
      2. Tandem Spaces in Podiums and Structures. Tandem spaces in conjunction with garages may be allowed only for residential uses with a minimum size requirement of 20 feet in length and 9 feet in width per parking space, not to exceed two contiguous spaces for each unit.
      3. Tandem parking or parking in a private garage or driveway shall not be counted as guest parking or commercial user parking.
      4. Private Garage Requirements. If a private garage is utilized, it must meet the following standards:
         1. Two parking space garages require a minimum unobstructed size of 22 feet wide by 20 feet in length, or 20 feet wide by 22 feet in length.
         2. Single parking space garages require a minimum unobstructed size of 10 feet wide by 22 feet in length, or 11 feet wide by 20 feet in length.
         3. All private garages must have a minimum unobstructed height of seven (7) feet for the entire required length and width of the private garage, except for interior staircases.
         4. Garage doors shall use complementary colors and include windows.
         5. Private garage doors and private garages shall not be the only means of access to a dwelling.
   5. Minimum Commercial Floor Area Required. Mixed-use developments are required to have commercial uses as set forth in the following standards:
      1. A mixed use development shall have at least 1,500 square feet of commercial floor area.
      2. Minimum First Story Height for Ground Story Commercial Space. Ground stories containing commercial space, including live/work units, shall be at least 12 feet in height.
      3. Buildings containing affordable housing may be eligible for a waiver of ground story commercial requirements, provided they qualify for an affordable housing incentive as set forth in MKZ 18.78, Affordable Housing Incentives.
   6. Residential standards. Residential dwelling units in mixed use developments shall follow the standards as set forth in MKZ 18.39, Residential Mixed (RM) Zone except as follows:
      1. Open space shall be provided for residential uses in the amount of at least 250 square feet per dwelling unit. One hundred square feet per dwelling unit may be private open space, and 150 square feet per dwelling unit must be common open space.
      2. The required common open space shall be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curbs, gutters, sidewalks, driveways, or alleys and shall be accessible by all residents of the mixed use development.
      3. Buildings erected for the principal purpose of providing an amenity or required interior common amenity spaces may be included as open space as set forth in MKZ 18.39, Residential Mixed (RM) Zone.
      4. Required open space may be an area of land or water set aside, or reserved for use by residents of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. Drainage basins may not be utilized toward required open space.
      5. Common open space may be distributed throughout the development and need not be in a single large area. Projects with over twenty dwelling units shall include a single and contiguous landscaped passive open space sufficient for outdoor activity with a minimum area of 5,000 square feet.
9. Additional Standards for Vertically Integrated Mixed Use. A vertically integrated mixed use building shall consist of commercial uses on the ground story with residential uses or office uses on upper stories and is subject to the following standards, as illustrated in Figure 18.44.10:
   
   Figure 18.44.10 Commercial Space Configurations Diagram
   
   
   
   1. Commercial Frontage and Minimum Depth of Ground Story Commercial Space. No less than 50 percent of the building’s front façade shall be occupied by commercial uses. Such commercial uses shall utilize one of the following configurations:
      1. Commercial spaces with a minimum depth of 30 feet as measured perpendicular to the frontage shall occupy at least 80 percent of a building’s ground story front façade.
      2. Commercial spaces with a minimum depth of 40 feet as measured perpendicular to the frontage shall occupy at least 50 percent of a building’s ground story front façade.
      3. Commercial spaces that occupy a minimum of two stories and shall have a minimum depth of 30 feet as measured perpendicular to the frontage and shall occupy at least 50 percent of a building’s ground story front façade. In no event shall the minimum required commercial square footage be less than 3,000 square feet.
      4. Commercial spaces in a live/work unit shall have a minimum depth of 12 feet as measured perpendicular to the frontage, provided the commercial space in a live/work unit is a minimum of two stories and is not located within 300 feet of a major intersection as defined in MKZ 18.44.060, Site Layout Standards.
   2. Ground Story Use Requirements. The ground story of a mixed use shall comply with the following requirements:
      1. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground story of the live/work unit meets the design and use criteria listed in this chapter and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage.
      2. Residential Amenities as Commercial Uses. For the purposes of this chapter, leasing offices serving on-site residential and commercial uses, lobbies, required parking, elevators, stairwells, and any residential amenity spaces are not considered commercial uses.
10. Additional Standards for Mixed Use in a Unified Site Plan. A unified site plan shall consist of separate residential and commercial buildings, some of which may be vertically integrated mixed use buildings, in a site plan that features consistent approaches to lighting, landscaping, signage, building design, and materials use, as illustrated in Figure 18.44.11.
    
    Figure 18.44.11 Unified Site Plan Illustration
    
    
    
    1. Commercial buildings in a unified site plan must occupy at least 30 percent of the gross ground story floor area of the unified site plan and shall occupy at least 50 percent of the building frontages along a right-of way. Commercial spaces of at least 1,500 square feet in ground story floor area must occupy at least 50 percent of the building frontages along a street.
    2. Vertically integrated mixed use buildings in a unified site plan shall meet the requirements of vertically integrated mixed use buildings and shall abut a street.
11. Additional Requirements for Commercially Significant Development Sites. A site is determined to be a Commercially Significant Development if any of the following apply:
    1. The development site is greater than one acre in area.
    2. The development site is located within a Village Center, Retail/Office, or Employment/Commercial Future Land Use Designation on the adopted Millcreek Future Land Use Map.
    3. The development site is located within 600 feet of the following intersections, as measured as a radius from the nearest property line to the intersection right-of-way line:
       1. 4500 South and Highland Drive
       2. 2000 East and 3300 South
       3. 900 East and 3300 South
    4. Any Mixed Use Development on a Commercially Significant Development Site shall meet the following requirements:
       1. The development must include commercial uses for at least 30 percent of the mixed use development’s gross floor area of buildings abutting a street.
       2. Frontage Requirements. Commercial uses are not required on facades of mixed use developments that are not located on a street identified in the Millcreek Transportation Master Plan Roadway Functional Classification Map as a Major Collector, a Minor Arterial, or an Other Principal Arterial.
       3. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground story of the live/work unit meets the design and use criteria listed in this chapter and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage.
       4. Parking and Vehicular Access. In addition to meeting the requirements of MKZ 18.63, Parking and Mobility Standards, any required residential parking shall be located in an enclosed parking structure, podium, private garage, or carport.