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Monticello City Zoning Code

CHAPTER 8

C-1 COMMERCIAL ZONE

10-8-1: REGULATIONS:

The use, location, height and size of buildings and structures, the use of land and size of lots, yards, courts and other open spaces and the density of population are regulated as hereinafter set forth. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. passed - - )

10-8-2: INTENT:

The intent of the C-1 commercial zone is to provide a centralized place where retail and service uses can be constructed and maintained which will serve the needs of the citizens of the city and surrounding areas. It is the further intent in establishing this zone to maintain the central business district as the "heart of the city" and, to these ends, to promote its development in step with the increase in population within the trading area. Uses which tend to create business dead spots, cause undue scattering of business, and generally tend to thwart the use of the land for its primary purpose have been excluded from this zone. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. passed - - )

10-8-3: PERMITTED USES:

   A.   The following buildings, structures, and uses of land shall be permitted upon compliance with the requirements set forth in this title:
      Accessory buildings and structures such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in this zone.
      All R-1 uses that conform to section 10-6-3 of this title.
      All R-2 uses that conform to section 10-7-3 of this title.
      Automobile and truck repair establishments, provided all repair activities will be conducted within an enclosed structure and that there will be no outside storage of parts or nonoperative vehicles.
      Automobile, motorcycle, ATV, and snowmobile sales and rental structures and lots (for both new and used units). Also, the related repair facilities when such facilities are included as an integral part of the sales structure and that there will be no outside storage of parts or nonoperative vehicles.
      Automotive service establishments, including gasoline stations, car washes, parking lots and storage garages, and minor automotive repair establishments.
      Cabinet, taxidermy, and welding and metalsmithing shops.
      Commercial Plug-in Electric Vehicle Charging Stations that conform to 10-2-18 of this title.
      Convenience goods stores (minimarkets) for the sale of food and variety products.
      Establishments for the sale of hardware, lumber, plumbing and heating equipment and similar building products. All storage activities shall be within a building or within an enclosure surrounded by a fence not less than six feet (6') in height.
      General retail stores and shops providing goods and services for sale at retail in the customary manner.
      Hotels and motels.
      Laundries and dry cleaning establishments, and laundromats.
      Live-work units.
      Office buildings, medical clinics, banks, insurance, and financial services.
      Personal service establishments, such as barber and beauty shops, reception centers, and similar establishments.
      Public parks and buildings, not including storage yards or repair shops.
      Recreational enterprises including bowling alleys, recreation centers, motion picture theaters (indoor only), athletic clubs, private clubs, sororities, and fraternal lodges. Restaurants, food drive-ins, bars, taverns, pubs.
      Shopping centers, supermarkets, clothing stores.
      Veterinary clinics for the treatment of household pets and the enclosed temporary boarding of same while receiving care.
   B.   The following uses are permitted when in compliance with the specified sections of Title 10, Zoning Regulations:
      All signs shall conform with section 10-2-6 of this title.
      Conditional uses shall conform with section 10-2-8 of this title.
      Temporary uses shall conform with section 10-2-9 of this title.
      Portable Storage Containers shall conform with section 10-2-10 of this title.
      Diagonal parking shall conform with section 10-2-12 of this title.
      Fences shall conform with section 10-2-14 of this title.
      Recreational vehicle (RV) parks that conform to Title 10 Chapter 15 of city code. (Ord. 2012-01, 7-10-2012; amd. Ord. 2013-5, 4-23-2013, eff. 4-23-2013; Ord. passed 11-29-2022; Ord. passed - - )

10-8-4: AREA, WIDTH AND LOCATION REQUIREMENTS:

   A.   There shall be no area, width and location requirements for commercial buildings and structures constructed, provided
      1.   All buildings and structures conform with the building code adopted by the city; and
      2.   An area sufficient to accommodate parking, loading, unloading, and vehicular access shall be provided and maintained.
   B.   No space needed to meet the parking or other requirements of this title may be sold or leased apart from such lot or parcel or building unless other space is provided to comply with section 10-8-4A. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. passed - - )

10-8-5: LOCATION OF GASOLINE PUMPS:

   A.   Gasoline pump islands shall be set back not less than twenty feet (20') from any property line.
   B.   Lots from which gasoline is dispensed to customers at retail shall be not less than seventy five by one hundred feet (75 x 100') in size.
   C.   Canopies over pump islands may extend to within five feet (5') of the property lines. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. passed- -)

10-8-6: MOTOR VEHICLE ACCESS:

   Access to all lots and parcels of land having a frontage on a city street shall be controlled as follows:
   A.   Access shall be by not more than two (2) driveways from any one street.
   B.   Driveways shall be not closer to each other than twenty feet (20').
   C.   On corner lots, no driveways shall be less than fifteen feet (15') to the point of intersection of the front property line with the side property line which abuts upon a street.
   D.   Where there is no existing curb and gutter or sidewalk, a curb or fence may be required by the city. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. passed - - )

10-8-7: POLLUTION PREVENTION:

Any use which emits or discharges gases, fumes, dust, glare, noise or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by Utah state air conservation board or the board of health, and any use which emits or discharges liquids or solid material onto the soil or water in amounts which result in pollutants entering groundwater in amounts exceeding the standards prescribed by the Utah state water pollution control board or the board of health, shall be prohibited. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. passed - - )

10-8-8: SEWAGE DISPOSAL:

   A.   Sewer connections shall comply with Title 8-4-2 of city code.
   B.   Where domestic sewage disposal facilities are used which are not connected to a public sewer, approval of such facilities shall be obtained from the state health department before a building permit shall be issued therefor. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. passed - - )

10-8-9: WATER CONNECTION:

All users shall be connected to the municipal water supply. (Ord. passed 11-29-2022; amd. Ord. passed - - )

10-8-10: DRAINAGE:

   A.   The owners and users of ditches shall not divert more water into the ditch than it's carrying capacity.
   B.   Runoff from new rooftops or lots shall not exceed the carrying capacity of the natural or previous drainage system. (Ord. 2012-01, 7-10-2012)
   C.   Drainage corridors shall be protected in accordance with 10-12-2. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. passed - - )

10-8-11: CLEAR VIEW OF INTERSECTING STREETS:

No obstruction which will obscure the view of automobile drivers shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points of forty feet (40') from the intersection of the street lines. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. passed - - )

10-8-12: SPECIAL PROVISIONS:

   A.   All material, merchandise and equipment (except vehicles in running order) shall be stored within an enclosed building or surrounded by a fence not less than six feet (6') in height.
   B.   All display, sale and repair activities shall be conducted within a fully enclosed building, except those activities that are customarily and appropriately conducted in the open, including, but not limited to, automobile sales lots and automobile service stations.
   C.   Temporary sales of Christmas trees and nursery stock shall be permitted outside a building unless otherwise prohibited under the terms of this title.
   D.   No dust, odor, smoke, vibration or intermittent light, glare or noise shall be emitted which is discernible beyond the premises except for normal traffic movements.
   E.   All off street parking shall be hard surfaced. See section 10-2-5, "Off Street Parking Requirements", of this title.
   F.   All buildings located adjacent to a major street shall have at least one entranceway facing onto said street.
   G.   All buildings and uses shall comply with all applicable supplementary development standards as set forth in this title.
   H.   No accessory structures shall be used as living quarters. (Ord. 2012-01, 7-10-2012; amd. Ord. 2013-5, 4-23-2013, eff. 4-23-2013; Ord. passed 11-29-2022; Ord. passed - - )